GURMUKH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to the order passed by the learned Single Judge of this Court on 16.11.2009 whereby a bunch of writ petitions challenging the decision of the State Government communicated on 1.2.2008, Annexure P-3, framing the Scheme of allotment of 100 sq. yards plots to the families of the Scheduled Castes and to the families living below poverty line, was dismissed.

(2.) It is the case of the appellants that while framing a Scheme under the East Punjab Holding (Consolidation and Prevention of Fragmentation) Act, 1948 (for short "the Act"), some part of the land owned by the proprietors, including the appellants herein, was included in the Scheme and reserved for common purposes of the Gram Panchayat like school, cremation ground, dispensary etc. Since the land has been reserved for common purposes by applying cut in the holdings of the proprietors, the State cannot use the same for any other purpose except for common purposes specified in the Scheme. It was pleaded that under the Act, the ownership continued to vest in the land owners and by impugned action, the property of the appellants have been taken away without payment of compensation. Therefore, such decision is violative of Article 31-A of the Constitution of India.

(3.) It may be noticed that consolidation in the villages reserving land for common purposes had taken place in the year 1954 and that there is no challenge to the Scheme reserving land for common purposes. The only challenge is to the policy Annexure P-3 whereby the land reserved for common purposes in the consolidation Scheme is proposed to be allotted to the persons belonging to Scheduled Castes and to the families below poverty line.