Supreme Court upholds leasing authority of Gram Panchayat over charand land

The Supreme Court affirmed the High Court's decision, holding that charand land falls within the definition of "Shamilat-deh" under the Punjab Village Common Lands (Regulations) Act, 1961. It ruled that the Gram Panchayat had the authority to lease out the land and dismissed the appellants' arguments on constitutional violations and grazing rights. The Court emphasized that the legal challenge lacked merit and was not pursued in good faith, upholding the legality of leasing out charand land and compliance with regulations.

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Issues:
1. Interpretation of the definition of "Shamilat-deh" under the Punjab Village Common Lands (Regulations) Act, 1961.
2. Validity of reservation of charand land for the income of Gram Panchayat.
3. Alleged violation of Article 31A of the Constitution of India.
4. Legality of leasing out charand land.
5. Grazing rights of proprietors and non-proprietors.
6. Compliance with Punjab Village Common Lands (Regulations) Rules, 1964.

Interpretation of "Shamilat-deh":
The Supreme Court held that the land described as "charand" falls within the definition of "Shamilat-deh" under the Punjab Village Common Lands (Regulations) Act, 1961. The Court referred to previous judgments and ruled that there is no distinction between charand land and shamilat deh, rejecting the contention that charand could not vest with the Gram Panchayat under the Act. The High Court's decision to dismiss the writ petition seeking directions to prohibit leasing out charand land was upheld.

Reservation of Charand Land:
The appellants argued that the reservation of charand land for the income of the Gram Panchayat violated Article 31A of the Constitution of India. However, the Court found no merit in this argument as the appellants failed to provide evidence of such violation. The Court also noted that the appellants and their relations had previously accepted the legality of leasing land, making their current legal challenge non-bonafide. The delay in approaching the court further weakened their case.

Leasing Out Charand Land:
The legality of leasing out charand land was challenged by the appellants, alleging a breach of Section 5 of the Act and contravention of grazing rights of proprietors and non-proprietors. The Court referred to relevant rules and judgments, concluding that the Gram Panchayat had the authority to lease the land for cultivation or other specified purposes as per the Punjab Village Common Lands (Regulations) Rules, 1964. The Court upheld the High Court's decision in this regard.

Compliance with Regulations:
The appellants argued that the Gram Panchayat did not follow the prescribed procedure and restrictions while leasing out the land. However, the Court found that the Gram Panchayat was entitled to use the shamilat-deh land vested in it for specified purposes as per the rules and previous judgments. The Court approved the legal position established in earlier cases and dismissed the appeal, emphasizing that the appellants' objections lacked merit and were not pursued in a timely manner.

In conclusion, the Supreme Court affirmed the High Court's decision, emphasizing the legality of leasing out charand land by the Gram Panchayat and rejecting the appellants' arguments regarding violation of constitutional provisions and grazing rights. The Court upheld the interpretation of the definition of "Shamilat-deh" and ruled that the appellants' legal challenge lacked merit and was not pursued in good faith.

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