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 16th November, 2009 whereby a bunch of writ petitions challenging the decision of the State Government communicated on 1st February, 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 Holdings (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 for 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.) THE learned Single Judge dismissed the writ petition filed by the appellants along with bunch of other petitions after it was noticed that the Gram Panchayat has passed resolution and sent the list of residents to the State Government for allotment of plots. Learned Advocate General has made a statement before the learned Single Judge that only land of Shamlat Deh as defined in the Punjab Village Common Lands (Regulation) Act, 1961 (for short "1961 Act") shall be utilized for allotment of plots. It also noticed that at least 25% of Shamlat Deh would be reserved for future common needs of the inhabitants of the village.