1964 (8) TMI 68 - SC - Indian Laws

Court validates transfer of shamlat deh lands to village Panchayat, confers rights on non-proprietors.

RANJIT SINGH Versus STATE OF PUNJAB

RANJIT SINGH Versus STATE OF PUNJAB - 1965 AIR 632, 1965 (1) SCR 82 Issues Involved:1. Legality of the transfer of shamlat deh land to the village Panchayat.2. Validity of the conferment of proprietary rights on non-proprietors in abadi deh lands.3. Constitutionality of the Amending Act 27 of 1960 and its compatibility with Articles 19(1)(f) and 31 of the Constitution.4. Validity of Rules 16(i) and (ii).5. Constitutionality of the Punjab Village Common Lands (Regulation) Act.Issue-wise Detailed Analysis:1. Legality of the transfer of shamlat deh land to the village Panchayat:The appellants challenged the transfer of shamlat deh lands, which were commonly owned by proprietors, to the village Panchayat for management and various purposes. They argued that this transfer was illegal and violated their property rights as no compensation was provided. The Court, however, upheld the transfer, noting that such actions were part of a broader scheme of agrarian reform and rural development. The Court emphasized that the village Panchayat, being an authority for the purposes of Part III of the Constitution, had the protection of Article 31-A, even if the taking over of shamlat deh amounted to acquisition.2. Validity of the conferment of proprietary rights on non-proprietors in abadi deh lands:The appellants contended that the distribution of abadi deh lands to non-proprietors was illegal. The Court rejected this argument, stating that settling agricultural artisans in villages was a part of rural planning and agrarian reforms. The Court highlighted that making villages self-sufficient and improving rural health and social conditions were essential parts of the redistribution of holdings and open lands. Thus, the conferment of proprietary rights on non-proprietors was upheld as part of the larger scheme of agrarian reforms.3. Constitutionality of the Amending Act 27 of 1960 and its compatibility with Articles 19(1)(f) and 31 of the Constitution:The appellants argued that the Amending Act 27 of 1960 violated Articles 19(1)(f) and 31 of the Constitution. The Court, however, held that the amendments were protected by Article 31-A, which was designed to save legislation effecting agrarian reforms. The Court noted that the amendments were part of a general scheme of rural planning and development, which included equitable distribution of land and bettering rural health and social conditions. The Court also pointed out that the amendments had retrospective effect, further solidifying their validity.4. Validity of Rules 16(i) and (ii):The appellants challenged Rules 16(i) and (ii) on the grounds that they were ultra vires. The Court noted that Rule 16(ii) had been declared ultra vires in Munsha Singh v. State of Punjab, but the Second Amending Act (27 of 1960) had given legal cover to these rules by including relevant provisions in the Consolidation Act. The Court upheld the validity of these rules, stating that they were part of the broader scheme of agrarian reforms and rural planning.5. Constitutionality of the Punjab Village Common Lands (Regulation) Act:The appellants also challenged the Punjab Village Common Lands (Regulation) Act. The Court upheld the Act, noting that it regulated the rights in shamlat deh and abadi deh lands and vested the management of these lands in the village Panchayat. The Court emphasized that the Act was part of the general scheme of agrarian reforms and rural development, which aimed at equitable distribution of land and bettering rural health and social conditions. The Court also referred to previous judgments that had upheld the validity of similar legislation, reinforcing the constitutionality of the Act.Conclusion:The Court dismissed the appeals, upholding the validity of the transfer of shamlat deh lands to the village Panchayat, the conferment of proprietary rights on non-proprietors in abadi deh lands, the Amending Act 27 of 1960, Rules 16(i) and (ii), and the Punjab Village Common Lands (Regulation) Act. The Court emphasized that these actions and laws were part of a broader scheme of agrarian reforms and rural development, which aimed at equitable distribution of land and bettering rural health and social conditions. The appeals were dismissed without any order as to costs.