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TMI Blog2001 (9) TMI 1156X X X X Extracts X X X X X X X X Extracts X X X X ..... ell in Majra Dughe. The said pasture land was used by the village community for grazing their cattles. Subsequently, under the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter called the 'Punjab Act'), the said land came to be vested in the Gram Panchayat. However, the village community of Majra Dughe continued to exercise their right of grazing and other such right over the said pasture land. Thereafter, the State of Himachal Pradesh passed an Act known as 'The Himachal Pradesh Village Common Lands Vesting and Utiilization Act, 1974' (hereinafter referred to as the 'Act). Under Section 3 of the Act, all rights, title and interests in the land in any estate vested in Panchayat under Section 4 of the Punja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar, learned counsel appearing for the respondents, relying upon a decision in the case of Megh Raj and another vs. Allah Rakhia and others - AIR (34) 1947 Privy Council 72 urged, that the expressions 'right in the land and 'right over the land' convey different meanings. According to him, easementary right which is over the land is distinct from right in the land and since only right in the land has vested in the State, therefore, there is no vesting of easementary right in the State. Before considering the argument, it is necessary to examine the provisions of the Act. Section 3 of the Act runs as under: 3. Vesting of rights in the State government. - (1) Notwithstanding anything to the contained in any other law for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... encumbrances. The question arises whether easementatry right, namely, grazing right and such other rights also came to be vested in the State along with right in the land. Learned counsel for the respondents relying upon a decision in Megh Raj and another vs. Allah Rakhia and others (supra) referred to Entry 21 of List II of Seventh Schedule to Government of India Act, 1935 and Entry 18 of List II of Seventh Schedule of Constitution of India, which run respectively as under: Entry 21 - Land, that is to say, rights in or over land, land tenures, including the relation of landlord and tenant, and the collection or rents; transfer, alienation and devolution of agricultural land; land improvement and agricultural loans; colonization; Courts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to modify the landlord's rights in land, and correspondingly, to expand the tenant's rights therein. Each of the expressions, rights in or over land and land tenures, is comprehensive enough to take in measures of reforms of land tenures, limiting the extent of land in cultivating possession of the land- owner, and thus, releasing larger areas of land to be made available for cultivation by tenants. In the aforesaid two cases, Entry 21 of List II of Seventh Schedule of Government of India Act and Entry 18 of List II of Seventh Schedule of Constitution of India were relied upon for the purpose of holding that there was a legislative competence while enacting the land Acts. The question whether vesting of all interests and r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er's land comes within the meaning of encumbrance on the right in the land. In the aforesaid decisions, it was laid down that the right of easement on land is an encumbrance on the land and once the land vests in the State free from all encumbrances, the easementary right pertaining to that land shall also vest in the State. In Fruit and Vegetable Merchants Union v. Delhi Improvement Trust - 1957 SCR 1, this Court while interpreting the words vest absolutely in the Government free from all encumbrances occurring in Section 16 of the Land Acquisition Act held as thus : On the other hand, ss.16 and 17 of the Land Acquisition Act (Act 1 of 1894), provide that the property so acquired, upon the happening of certain events, shall ' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntary right stood extinguished and such rights vested in the State free from all encumbrances. For the aforesaid reasons, we hold that under Section 3 of the Act, all rights, title and interests including the easementary rights stood extinguished and all such rights, title and interests vested in the State free from all encumbrances. Before we part with the case, we cannot overlook the interest of the plaintiff-respondents herein. It is not disputed that the land in dispute is a pasture land and is being used for grazing. Section 8 of the Act provides the purpose for which land vested in the State Government can be utilised. One of the purposes for which such land can be utilised is for grazing the cattles and the State Government is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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