AMAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of the above mentioned petitions filed by the writ petitioners as they involve similar and common questions of law and facts. The facts are taken from the case of Amar Singh and others v. State of Haryana and others (Review Application No. 344 of 2004 in CWP No. 13152 of 2001).

(2.) ALL the above review applications have been filed for reviewing/recalling the order dated 18.8.2003 passed by this Court, the operative part of which reads as under :-

(3.) IN response, Mr. Ashok Aggarwal, Amicus Curiae appointed by this Court for respondent No. 4-Gram Panchayat has submitted that the application for review after dismissal of the SLPs are not maintainable. In any case, it is submitted by Mr. Ashok Aggarwal, Amicus Curiae that even on merits the petitioners have no claim as their land in question in the present cases is recorded as 'Shamilat Deh' and, therefore, would vest in the Gram Panchayat by virtue of Section 4(1)(a) of 1961 Act and the land has never been in the cultivating possession of the individual owners so as to be excluded from the definition from the 'Shamilat Deh' as contained in Section 2(g) of the 1961 Act. It is submitted that the ratio of the judgments of the Supreme Court in Bhagat Ram's case (supra) and of this Court in Kala Singh's case (supra) would not apply as no land of the proprietors is being taken for the income of the Gram Panchayat in which case applicability of the second proviso of Article 31-A of the Constitution of India may be there. It is only when the land of the proprietors is taken which is within the ceiling limit that the provisions of the second proviso of Article 31-A of the Constitution would apply.