2003 (3) TMI 785 - HC - Indian Laws

Village common lands and consolidationscheme reservations: reserved lands vest with Panchayat/State, unearmarked Bachat land remains proprietors' property.

Challenge to insertion of Sub-clause (6) to the shamlat deh definition and its explanation raised whether lands recorded as Jumla/Mustarka Malkan or Hasab ... - Issues: (i) Whether Sub-section (6) of Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961 and the appended explanation (inserted by Haryana Act No. 9 of 1992) is ultra vires or merely an elucidation of existing law; (ii) Whether lands reserved or assigned for common purposes under a consolidation scheme (Section 18 of the East Punjab Holdings Act, 1948) vest in the State Government or Gram Panchayat even if unutilised; (iii) Whether lands contributed by proprietors on pro-rata cut but not earmarked in the consolidation scheme (Bachat land) vest in the State Government or Gram Panchayat by virtue of the said amendment.Issue (i): Whether Sub-section (6) of Section 2(g) and the appended explanation are ultra vires.Analysis: The amendment and explanation were examined in the context of existing provisions of the Punjab Village Common Lands (Regulation) Act, 1961 and the East Punjab Holdings (Consolidation) Act, 1948, including the scheme-making, repartition and record-of-rights procedures under Sections 14, 18, 19, 20, 21, 22 and 24 and Rule 16(ii). Consideration was given to prior authoritative decisions and the limited post-remand pleadings restricting controversy to lands unutilised under consolidation schemes.Conclusion: Sub-section (6) of Section 2(g) and the appended explanation are an elucidation of the existing law and not ultra vires.Issue (ii): Whether lands reserved or assigned for common purposes under a consolidation scheme vest in the State or Gram Panchayat even if unutilised.Analysis: The consolidation scheme process (Section 14 and related rules) and Section 18(c) operate to reserve or assign specified lands for common purposes; Section 23-A prescribes vesting of management and control in the State or Panchayat as soon as the scheme comes into force. Rule 16(ii) and the scheme documents demonstrate that reservation in the confirmed scheme, whether utilised or not, effects modification/extinguishment of proprietary rights and entitlement of the State/Panchayat to income therefrom. Precedent and scheme text were applied to determine the legal effect of reservation irrespective of actual utilisation.Conclusion: Lands specifically reserved or assigned for common purposes by a confirmed consolidation scheme vest in the State Government or the Gram Panchayat, whether utilised or unutilised.Issue (iii): Whether lands contributed by proprietors on pro-rata cut but not earmarked in the consolidation scheme (Bachat land) vest in the State or Gram Panchayat by the amendment.Analysis: The consolidation scheme records and Jamabandi entries were examined to distinguish lands earmarked in the confirmed scheme from surplus/Bachat lands contributed by proprietors on pro-rata basis but not reserved for specified common purposes. Statutory provisions for preparation of the scheme, repartition and preparation of new records of rights were applied, together with binding precedent, to determine the proprietary effect where no scheme reservation exists. The amendment was interpreted in light of its elucidatory character and existing statute and rules.Conclusion: Lands contributed by proprietors but not reserved or earmarked for common purposes in the confirmed consolidation scheme (Bachat land) do not vest in the Gram Panchayat or State by virtue of Sub-section (6) or the appended explanation and remain proprietary to the proprietors in the proportions of their contribution.Final Conclusion: The amendment is an elucidation of existing law; lands reserved in a confirmed consolidation scheme vest in the State or Gram Panchayat whether utilised or not, while Bachat or unreserved lands remain with the proprietors. Mutations effected solely by the amending provision in respect of unreserved/Bachat lands are liable to be set aside, with liberty for appropriate eviction or title proceedings where the lands are scheme-reserved and for proprietor title suits where Bachat lands are asserted.Ratio Decidendi: Only lands specifically reserved or assigned for common purposes by a consolidation scheme confirmed under the East Punjab Holdings (Consolidation) Act, 1948 vest in the State Government or Gram Panchayat; lands contributed but not so reserved (Bachat land) do not vest and remain proprietary to contributors.