9911796707
TMI Blog2000 (5) TMI 1066X X X X Extracts X X X X X X X X Extracts X X X X ..... ismissed the writ petition filed by the appellants praying for issuance of directions prohibiting the Gram Panchayat from leasing out the charand land and to keep land measuring 541 kanal and 2 marlas reserved as charand for grazing up cattles. The High Court also did not consider it proper to grant the prayer of the appellants seeking declaration that the land reserved for charand during consolidation could not be used for the income of the Gram Panchayat as it stood allegedly deducted from the lands of the proprietors. Not satisfied with the judgment of the Division Bench of the High Court, the appellants have filed the present appeal with the submission that the reservation of charand land for the income of Gram Panchayat violated Articl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants relying upon a Full Bench judgment of the Punjab & Haryana High Court in Bishamber Dayal v. State of Haryana & Ors. [1986 Punjab Law Journal 208] submitted that the Gram Panchayat was not entitled to lease the land or use it in the manner it like without following the procedure and subject to the restrictions placed on its use by the Punjab Village Common Lands (Regulations) Rules, 1964 (hereinafter referred to as "the Rules"). Referring to Rule 3(2), the learned counsel submitted that the Gram Panchayat could use the land in shamilat-deh vested in it under the Act either itself or through another for anyone or more of the purposes specified therein. One of the purposes referred to in clause (vi) is 'grazing of anim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the Act for any of the specified purposes it likes and it is not necessary that what was grazing land out of the shamilat deh previous to such vesting, must continue to be such." In Bishamber Dayal's case (supra) the Full Bench of the Court had considered and approved the view taken by the Division Bench in Khusi Puri's case. In that regard the Court had held: "The Act and the Rules empower the Gram Panchayat to convert a portion of the street for any one or more of the purposes given in Rule 3(2). A Division Bench of this Court had an occasion to construe the provisions of Sections 2(g)(4), 4 and 5 of the Act and Rule 3(2) of the Rules made thereunder in Khushi Puri's case (supra). It was held that the Gram P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to Annexures I and II wherein the land, the subject matter of the dispute has been defined to be charand land. The definition of shamilat deh proivdes that it shall include "lands described in the revenue record as shamilat deh or (charand-in Haryana) excluding abadi deh". Relying upon the Khushi Puri's case the High Court in the impugned judgment was, therefore, right in holding that there did not exist any distinction between the charand and shamilat deh and the contention of the appellants that the charand could not vest with the Gram Panchayat under the Act was based upon wrong assumptions. Reliance placed by the learned counsel for the appellants upon the judgment in Bhagat Ram's case is misplaced besides be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
