Vesting free from encumbrances extinguishes grazing easement rights unless the statute expressly preserves them.

On vesting of pasture land in the State under Section 3 of the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, the statutory phrase "free from all encumbrances" was held wide enough to extinguish easementary grazing and allied user rights. The non obstante vesting provision was treated as removing not only title but every burden affecting the land, and the distinction between rights in land and rights over land was found immaterial to that legislative scheme. Accordingly, village community pasture rights did not survive the vesting unless expressly preserved by the statute.

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Issues: Whether, on vesting of land in the State under Section 3 of the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, the easementary right of grazing and allied user rights over the pasture land also stood extinguished and vested in the State free from encumbrances.

Analysis: Section 3 employs a non obstante clause and provides that all rights, title and interests in the relevant lands shall stand extinguished and vest in the State free from all encumbrances. The expression "free from encumbrances" was construed as wide enough to eliminate every burden or charge affecting the land, including easementary rights. The distinction between "rights in or over land" was found irrelevant to the present vesting provision, because the legislative intent was not confined to title alone but extended to removal of all burdens on the land. On that basis, the pasture and grazing rights claimed by the village community could not survive the statutory vesting.

Conclusion: The easementary rights stood extinguished along with the rights, title and interests in the land, and vested in the State free from all encumbrances.

Ratio Decidendi: Where a vesting provision declares that all rights, title and interests in land vest in the State free from all encumbrances, easementary rights burdening that land are also extinguished unless the statute expressly preserves them.

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