BHARAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent arises out of the following facts. Shamilat deh land situate in the area of village Lakkarpur, tehsil Ballabgarh, district Gurgaon, vests in the Gram Panchayat Sarai Khuaja. This area abounds in stone metal and the aforesaid Gram Panchayat has been exploiting the stone quarries from 1956 onwards through various lessees. first lease was given to one Sh. Kalu Ram in 1956 for a period of ten years. The second lease was given to Shri Krishan Lal for a period of five years beginning from February 21, 1966. It is alleged that the said Sh. Krishan Lal invested a large amount of money for facilitating quarrying operations. He constructed roads buts for the labourers and offices for the supervisory staff. After the expiry of this lease, the Gram Panchayat granted a lease for a period of five years commencing from March 21, 1971, in favour of the appellant on an annual rent of Rs. 15,000/-. According to the appellant, it has been fulfilling all the terms of the lease including the payment of rent to the panchayat and its successor-in-office. The appellant-company is also stated to have reimbursed to Shri Krishan Lal, the ex-lessee, the amount spent by him for the improvements he effected on the land.

(2.) The area of the Shamilat deh originally belonged to the village proprietors but it vested in the village panchayat because of the Punjab Village Common Lands (Regulation) Act, 1954, which was replaced by an Act of the same made in the Year 1961 (hereinafter called the Act). The relevant entry in the wajib-ul-Arz of this village reads as under :-

(3.) A perusal of this entry shows that whereas the land-holders were entitled to quarry Kankar after intimating the Deputy Commissioner, the Government could win over Kankar, if it needs the same for its own use, without paying its price. It is argued that this constitutes prima facie evidence of the fact that the quarries belonged to the right-holders to begin with and came to be vested in the Panchayat under the Act. Furthermore, the statutory presumption contained in Section 42 of the Punjab Land Revenue Act reinforces the submission made on behalf of the appellant.