JAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this bunch of petitions, proprietors, holding land in the village, who contributed a share of their holdings to form a common pool of land, meant exclusively for common purposes of the village inhabitants, take strong exception to sub-clause (6) of Section 2(g) and an explanation appended to the said sub-clause, inserted in the Punjab Village Common Lands (Regulations) Act, 1961 (here-in-after referred to as the 'Act of 1961'). The said sub-clause (6) and the explanation, appended thereto, came to be inserted in the Act of 1961 by virtue of Haryana Government Gazette Notification dated February 11, 1992 by Act No. 9 of 1992 which received the assent of the President on January 14, 1992.

(2.) CONSIDERING the matter to be involving important questions of law, likely to arise in large number of cases and involving large chunk of land, the Hon'ble Division Bench, then seized of the matter, vide orders dated June 1, 1993, ordered the papers of the case to be placed before Hon'ble the Chief Justice for constituting a Full Bench for determination of vires of the Act and explanation, referred to above. Vide a detailed judgment dated January 18, 1995, Hon'ble Full Bench of this Court, allowed the bunch of writ petitions, main judgment having been recorded in CWP No. 5877 of 1992. Operative part of the judgment, dealing with vires of sub-clause (6) of Section 2(f) and the explanation, appended thereto, as also some other sections, which were under challenge, reads thus :-

(3.) THE Hon'ble Supreme Court, in the context of paragraph 60 of the judgment, as reproduced above, held that certain essentials of Article 31-A of the Constitution of India were over-looked. Relevant part of Article 31-A was then reproduced and it was held :-