THE STATE OF HARYANA THROUGH SECRETARY TO GOVERNMENT OF HARYANA v. JAI SINGH & ORS.

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50Copy pinpoint50. As observed above, the land stood acquired and vested with the Panchayat by virtue of Ranjit Singh. This Court held that no compensation was payable in view of the four Acts, namely, the 1948 Act, the Punjab Act and the Pepsu Act, the 1961 Act and also the Punjab Security of Land Tenures Act, 1953 as such Acts were a part of a general scheme of reforms and any modification of rights such as the B present had the protection of Article 31A. Such land would vest with the Panchayat.

51Copy pinpoint51. The Full Bench of the Punjab and Haryana High Court in a judgment reported as Parkash Singh & Ors. v. Joint Development Commissioner, Punjab & Ors.37 has found that “Jumla Mushtarka C Malkan” land is not included in the shamilat deh in the State of Punjab, therefore, the 1961 Act will not confer jurisdiction on the Collector to decide the dispute regarding title. The Full Bench held that the only forum available to a person who raises a dispute regarding title in “Jumla Mushtarka Malkan” is the principal Court of civil jurisdiction. The Court D held as under: “61. The question that now remains is to identify the forum, a person who raises a plea that the land is not “Jumla Mushtarka Malkan” or that it was created by applying an illegal pro rata cut or that the land was not reserved for common purposes during E consolidation, would be required to approach. After due consideration of the entire matter, we find no provision in the 1961 Act, the 1976 Act or the Consolidation Act that provides a forum to a person who raises such a plea and, therefore, in the absence of any fora for deciding such a dispute a person may have to approach a Civil Court but Section 44 of the Consolidation Act F prohibits a Civil Court from entertaining any matter which the State Government or any officers are empowered by the Consolidation Act to determine or dispose of Section 44, however, cannot be read to prohibit Civil Courts from deciding a question of title relating to “Jumla Mushtarka Malkan” as what is prohibited G by Section 44 is matters that fall to the jurisdiction of State Government or to any officer duly empowered by the Consolidation Act to decide. The Consolidation Act does not confer power whether on the State Government or the officers empowered thereunder to decide a question of title. The jurisdiction of a Civil 37 H 2013 SCC OnLine P&H 26809

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 947 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

Court to entertain a dispute regarding “Jumla Mushtarka Malkan” A is, therefore, not barred by Section 44 of the Consolidation Act. The only forum available to a person, who raises a dispute regarding title in “Jumla Mushtarka Malkan” is the principal Court of civil jurisdiction having jurisdiction in the matter, as provided by Section 9 of the Code of Civil Procedure, i.e., a Civil Court.” B

52Copy pinpoint52. In Suraj Bhan, the Full Bench of the High Court held that only the management and control as distinguished from the title and ownership in respect of lands carved out during consolidation operations by imposing a pro rata cut on the land of the proprietors and recorded in the revenue records as ‘Jumla Malkan Wa Digar Haqdaran Arazi Hasab Rasad Raqba’, ‘Jumlan Malkan’ or ‘Mushtarka Malkan’ etc., vest in the C Panchayat. It was held as under: “146. However, for the removal of doubts, it is clarified and held that any observations in Jai Singh’s case (supra), and in Veer Singh’s case (supra) (in which the application for review of the judgment in Jai Singh’s case (supra) had been dismissed by making clarifications), if it is to be taken that the ownership or title in respect of lands kept for ‘common purposes’ of the village by imposing a pro rata cut on the land of the proprietors and recorded in the revenue records as ‘Jumla Malkan Wa Digar Haqdaran Arazi Hasab Rasad Raqba’, ‘Jumlan Malkan’ or ‘Mushtarka Malkan’ etc. vest with the State or the Gram Panchayat, as the case may be, without payment of compensation is not the correct legal position notwithstanding the provisions of Section 4 of the VCL Act 1961 and that in fact, only the management and control of such lands vests in the State or the Gram Panchayat, as the case may be. Therefore, only the management and control as distinguished from the title and ownership in respect of lands carved out during consolidation operations by imposing a pro rata cut on the land of the proprietors and recorded in the revenue records as ‘Jumla Malkan Wa Digar Haqdaran Arazi Hasab Rasad Raqba’, ‘Jumlan Malkan’ or ‘Mushtarka Malkan’ etc., vest in the Panchayat. Besides, as already noticed, the provision relating to appropriation of income of the land kept for ‘common purposes’ in a consolidation scheme has been invalidated by a Five Judge Bench of the Supreme Court in Bhagat Singh’s case (supra).”

53Copy pinpoint53. We find that such conclusion in Parkash Singh or Suraj Bhan that ‘Jumlan Malkan’ or ‘Mushtarka Malkan’ land so described in H

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A the revenue record would not vest with the Panchayat is not based on the correct reading of judgment of this Court in Ranjit Singh. Once land had been reserved for common purposes, irrespective of description in the revenue record, such land would vest with Panchayat or the State. The only condition is that it should not be within permissible limits of the proprietors. B

54Copy pinpoint54. Still further, in Parkash Singh, it has been held that theforum available to a person, who raises a dispute regarding title in “Jumla Mushtarka Malkan” is the principal Court of civil jurisdiction having jurisdiction in the matter, as provided by Section 9 of the Code of Civil Procedure, i.e., a Civil Court. Though the said judgment is in the context C of the State of Punjab, but the said finding is not sustainable for the reason that “Jumla Mushtarka Malkan” is a land reserved for common purposes during consolidation. Though Rule 16(ii) of the 1949 Rules prescribes that the common purposes land after applying pro-rata cut would be described in the revenue record but the expression “Jumla D Mushtarka Malkan” or “Mushtarka Malkan” is a land of the proprietors for the benefit of the village community for common purposes. Therefore, if the revenue records as “Jumla Mushtarka Malkan” or “Mushtarka Malkan” in the ownership column, it is the authority under the 1961 Act and the machinery provided thereunder which would exercise jurisdiction to determine the dispute as to whether it is reserved for common purposes or not.

55Copy pinpoint55. We do not find any merit in the arguments raised by learned counsel for the proprietors that the explanation enlarges the scope of the common purposes for which land was reserved under the scheme in terms of 1948 Act. Rule 16(ii) of 1949 Rules specifically mentions that the entry in the column of ownership of records would be Jumla Malkan Wa Digar Haqdaran Arazi Hassab Rasad. The other expression used in the explanation is Jumla Mustarka Malkan or Mustarka Malkan, which means the ownership of all the proprietors. They are commonly used in the revenue record but they are not larger in scope than the entry contemplated in the revenue record as Jumla Malkan Wa Digar G Haqdaran Arazi Hassab Rasad. Therefore, neither sub-section 6 nor the explanation is contrary to Article 300-A as the land stood acquired without payment of compensation being part of the agrarian reforms, when pro-rata cut was applied on the land of the proprietors.

56Copy pinpoint56. We do not find any merit in the arguments raised that on the basis of insertion of Sections 13C and 13D by virtue of amendment in

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 949 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

the year 1981 and insertion of Sections 5A and 5B by virtue of amendments carried out in 2007 or on the strength of Section 11 of the 1961 Act as originally enacted, the legality and validity of the Amending Act is any way affected. The Panchayat was conferred ownership rights over the land when pro-rata cut was applied on the land of the proprietors to reserve land for the common purposes under the 1948 Act. The B Panchayat is therefore the absolute owner of such property which came to be vested in the Panchayat with the commencement of shamilat law. The entire right, title or interest in the said land forming part of second category mentioned above vests with the Panchayat in view of the judgment of this Court in Ranjit Singh.

57Copy pinpoint57. In a judgment reported as Mahant Sankarshan Ramanuja C Das Goswami, etc. v. State of Orissa and another38, it has been held that the benefit of Article 31-A is available also to the Amending Act provided the assent of the President is obtained to such AmendingAct. It was held as under: “12. The first argument is clearly untenable. It assumes that the benefit of Article 31-A is only available to those laws which by themselves provide for compulsory acquisition of property for public purposes and not to laws amending such laws, the assent of the President notwithstanding. This means that the whole of the law, original and amending, must be passed again, and be reserved for the consideration of the President, and must be freshly assented to by him. This is against the legislative practice in this country. It is to be presumed that the President gave his assent to the amending Act in its relation to the Act it sought to amend, and this is more so, when by the amending law the provisions of the earlier law relating to compulsory acquisition of property for public purposes were sought to be extended to new kinds of properties. In assenting to such law, the President assented to new categories of properties being brought within the operation of the existing law, and he, in effect, assented to a law for the compulsory acquisition for public purposes of these new categories of property. G The assent of the President to the amending Act thus brought in the protection of Article 31-A as a necessary consequence. The amending Act must be considered in relation to the old law which it sought to extend and the President assented to such an extension 38 AIR 1967 SC 59 H

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A or, in other words, to a law for the compulsory acquisition of property for public purposes.”

58Copy pinpoint58. Therefore, the Amending Act having been enacted after the assent of the President, is protected in terms of Article 31A of the Constitution.

59Copy pinpoint59. In respect of the third category, the land within the ceiling limit of the proprietor was pooled for common purposes and was found to be part of the agrarian reforms by Division Bench of the Punjab High Court in Ajit Singh. The argument raised was that the proprietor (land owner) was a small landholder within the meaning of the Punjab Security of C Land Tenures Act, 1953, therefore, no part of his holding could be acquired without payment of compensation at the market value. The writ petitioner had pleaded that in pursuance of the Cooperative Societies Act, 100 bighas of land was given to the local panchayat for common purposes, whereas in this scheme prepared under 1948 Act, another 100 bighas of land was being provided for the same purpose. The argument D raised was that most of the proprietors including the writ petitioner own land within the first ceiling, therefore, the land falling within the ceiling limit could not be acquired without payment of compensation on account of insertion of second proviso to Article 31A(1) by 17th Amendment. The 17th Amendment reads thus: E “Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law F for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.”

60Copy pinpoint60. The Division Bench of the High Court inter alia examined the 17th Amendment and held that it was not retrospective in operation. The petition was dismissed after examining Article 31(2-A) of the Constitution as well as 17th Amendment which deals with acquisition by the State, leaving requisitioning untouched. The High Court found that where land is assigned to a village Panchayat or the State for a common H

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 951 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

purpose, it does not seem to provide, technically speaking, for the transfer of ownership and the State Government and Panchayat are merely empowered to manage and appropriate the income accruing from the property for the benefit of village community, including the original holder, and for no other purpose. It was held that Article 31(2-A) of the Constitution lays down that where a law does not provide for the transfer of ownership, only the management and control would vest in the village Panchayat.The Court held (page 857-858) as under: “This brings me to the question whether the assignment of land for common purposes is acquisition. The controversy on this point seems to centre round Article 31(2-A) of the Constitution which lays down that where a law does not provide for the transfer of the ownership, or right to possession of any property, to the State or to a Corporation owned or controlled by the State, it shall not be deemed to provide for the compulsory acquisition or requisitioning of property, notwithstanding that it deprives any person of his property. The learned Advocate-General has submitted that providing for right to possession of any property means requisitioning of such property, and compulsory acquisition, according to this sub-article, is confined only to the transfer of ownership. In the case in hand, ownership has not been transferred in law and it is only the management and control which vests in the village Panchayat concerned or the State, as the case may be. This may amount to compulsory requisitioning, but the further proviso introduced by the 17th Amendment, with which we are concerned, hits only acquisitions by the State leaving requisitioning untouched. The petitioner’s learned counsel has, on the other hand, placed his reliance on the observations of Tek Chand, J. in Munsha F Singh’s case and on the Supreme Court decision in Ranjit Singh’s case, the relevant passage from which has been reproduced above. In this connection, it may be remembered that the further proviso introduced in Article 31-A(1) speaks of payment of compensation only in case of acquisition by the State of land within the ceiling limit applicable to the persons mentioned therein. Where G such land is assigned to a village Panchayat or the State for the common purpose, it does not seem to me to provide technically speaking for the transfer of ownership, and indeed it is not the petitioner’s case that title has actually passed to the Panchayat or the State. What is argued is that all the ingredients of ownership H

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A are taken away and what is left with the owner is merely the husk or the shadow. As at present advised, I find some difficulty in readily agreeing with this submission because the property, though vesting in the Panchayat, or the State Government, as the case may be, has been reserved for common purposes in which the entire village community including the original holder is interested B as equal sharer, and is entitled to secure the benefit thereof in common with all the co-beneficiaries. The State Government or thePanchayat are merely empowered to manage and appropriate the income accruing from the property for the benefit of the village community, including the original holder, and for no other purpose. C It is only the right to transfer, or, to the exclusive use or appropriation, of which the original holder has been deprived. The benefits of the use of the land reserved for common purposes are assured to the original holder in common with all the other members of the community. Whether this can be considered to be acquisition as distinguished from requisitioning is a question which does not seem to be capable of an easy answer. However, keeping in view the general scheme and purpose of the Act, the scales do seem to me prima facie to be somewhat inclined in favour of the view that the statutory vesting of the property in the State Government or the Panchayat, as the case may be, under the Act, when it is reserved for common purposes, is perhaps not intended to amount to acquisition within the contemplation of the second proviso added to Article 31-A by the 17th Amendment. But I should not like to express any considered opinion on this somewhat difficult and vexed point on the present occasion, leaving it to be settled if necessary in a more appropriate case.”

61Copy pinpoint61. In appeal, a Constitution Bench of this Court in Ajit Singh noted that the scheme under the 1948 Act was not part of the record but 89 bighas, 18 biswas and 18 biswanis of pukhta land was owned by Gram Panchayat prior to consolidation which was used for common purposes. Some more area was reserved for common purposes such as for canals, pathways, community center, school etc. after applying cut upon right holders on pro-rata basis and not for income of Panchayat. This Court held that the proprietor is not entitled to compensation as the title of the proprietor is not being divested and that management and control alone vests with the panchayat. It was thus held that it was not a H case of acquisition of land.

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 953 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

62Copy pinpoint62. This Court considered the questions as to “whether in the second proviso to Article 31A(1), the expression “acquisition” means substantial taking over the benefits of property and conferring it on the State?” and that “whether the acquisition means the entire process terminating with possession and extinction of the title of the individual?”. This Court held that the title vests in the proprietary body, the management of the land is done on behalf of the proprietary body, the land is used for the common needs and the benefits of the estate or estates concerned. The Panchayat would manage such land on behalf of the proprietors and use for common purposes, therefore, the beneficiary of the modification of the rights is not the State. Therefore, there is no acquisition by the State within the meaning of second proviso. This Court examined the Constitution (Seventeenth Amendment) Act, 1964 and negated the argument raised by the proprietor. It was held as under: “9. Coming now to the second proviso to Article 31-A, it would be noticed that only one category is mentioned in the proviso, the category being “acquisition by the State of an estate”. It means that the law must make a provision for the acquisition by the State D of an estate. But what is the true meaning of the expression “acquisition by the State of an estate”. In the context of Article 31-A, the expression “acquisition by the State of an estate” in the second proviso to Article 31-A(1) must have the same meaning as it has in clause (1)(a) to Article 31-A. It is urged on behalf of the respondents before us that the expression “acquisition by the State of any estate” in Article 31-A(1)(a) has the same meaning as it has in Article 31(2-A). In other words, it is urged that the expression “acquisition by the State of any estate” means transfer of the ownership or right to possession of an estate to the State Mr Iyengar on the other hand urges that the expression “acquisition by the State” has a very wide meaning and it would bear the same meaning as was given by this Court in State of West Bengal v. Subodh Gopal Bose [(1964) SCR 587] , Dwarkadas Shrinivas of Bombay v. Sholapur Spinning & Weaving Co. Ltd. [(1954) SCR 674] Saghir Ahmad v. State of U.P. [(1955) 1 G SCR 707] and Bombay Dyeing and Manufacturing Co. Ltd. v. State of Bombay [(1958) SCR 1122] . In these cases this Court had given a wide meaning to the word “acquisition”. In Dwarkadas Shrinivas of Bombay v. Sholapur Spinning & Weaving Co. Ltd. [(1954) SCR 674] Mahajan, J., observed at p. 704 as follows: H

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A “The word ‘acquisition’ has quite a wide concept, meaning the procuring of property or the taking of it permanently or temporarily. It does not necessarily imply the acquisition of legal title by the State in the property taken possession of.”

10. Let us now see whether the other part of the second proviso B throws any light on this question. It would be noticed that it refers to ceiling limits. It is well known that under various laws dealing with land reforms, no person apart from certain exceptions can hold land beyond a ceiling fixed under the law. Secondly, the proviso says that not only the land exempted from acquisition should be within the ceiling limit but it also must be under personal cultivation. C The underlying idea of this proviso seems to be that a person who is cultivating land personally, which is his source of livelihood, should not be deprived of that land under any law protected by Article 31-A unless at least compensation at the market rate is given. In various States most of the persons have already been deprived of land beyond the ceiling limit on compensation which was less than the market value. It seems to us that in the light of all the considerations mentioned above the words “acquisition by the State” in the second proviso do not have a technical meaning, as contended by the learned counsel for the respondent. If the State has in substance acquired all the rights in the land for its own purposes, even if the title remains with the owner, it cannot be said that it is not acquisition within the second proviso to Article 31-A. xx xx xx

F 12. … It will be noticed that the title still vests in the property body, the management of the land is done on behalf of the proprietary body, and the land is used for the common needs and benefits of the estate or estates concerned. In other words a fraction of each proprietor’s land is taken and formed into a common pool so that the whole may be used for the common G needs and benefits of the estate, mentioned above. The proprietors naturally would also share in the benefits along with others.

13. …In other words, a proprietor gets advantages which he could never have got apart from the scheme. For example, if he wanted a threshing floor, a manure pit, land for pasture, khal etc. he would H

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 955 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

not have been able to have them on the fraction of his land reserved for common purposes.

14. Does such taking away of property then amount to acquisition by the State of any land? Who is the real beneficiary? Is it the Panchayat? It is clear that the title remains in the proprietary body and in the revenue records the land would be shown as belonging to “all the owners and other right holders in proportion to their areas”. The Panchayat will manage it on behalf of the proprietors and use it for common purposes; it cannot use it for any other purpose. The proprietors enjoy the benefits derived from the use of land for common purposes. It is true that the non- proprietors also derive benefit but their satisfaction and advancement enures in the end to the advantage of the proprietors in the form of a more efficient agricultural community. The Panchayat as such does not enjoy any benefit. On the facts of this case it seems to us that the beneficiary of the modification of rights is not the State, and therefore there is no acquisition by the D State within the second proviso.

15. In the context of the 2nd proviso, which is trying to preserve the rights of a person holding land under his personal cultivation, it is impossible to conceive that such adjustment of the rights of persons holding land under their personal cultivation in the interest of village economy was regarded as something to be compensated for in cash.”

63Copy pinpoint63. Thus, in respect of the land taken from the proprietors from their permissible ceiling limits, it is the management and control alone which would vest with the panchayat. The management and control include leasing of land and use of the land by non-proprietors, Scheduled Castes and Schedules Tribes etc. which is for the benefit of the village community. Therefore, vesting under Section 4 would be limited to management and control. It is pertinent to note here that for the land taken from the proprietors by applying pro-rata cut from the permissible ceiling limits of the proprietors, management and control alone vests with the Panchayat but such vesting of management and control is irreversible and the land would not revert to the proprietors for redistribution as the common purposes for which land has been carved out not only include the present requirements but the future requirements as well. Such land would not be available for sale so as to confer title on H

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A the purchaser in view of the fact that the Panchayat is not the full owner of the land but while exercising control and management, it is duty bound to safeguard the land for the benefit of the village community.

64Copy pinpoint64. The Panchayat will not have title over the land but as part of management and control, the panchayat is at liberty to put the land for the use for the common purposes. Such common purposes as defined under Section 2(bb) of 1948 Act are interchangeable and also can be used for any other common purposes. It is to be noted that common purposes are ever evolving, they are not fixed in time. With the change in time and expectations of the village community, common purposes have to be given wider meaning in view of the object of such reservation of land. Therefore, though the panchayat has management and control in respect of the land which was carved out from the land falling within the ceiling limits, the panchayat would have complete control over the said part of the land. The word ‘vesting’ appearing in Section 4 has to be read down to mean that management and control of such land alone would vest in the panchayat.

65Copy pinpoint65. In Shish Ram & Ors. v. State of Haryana & Ors.39, an argument was raised that the land reserved for a particular common purpose can be used only for the said purpose. This Court held that a land vesting in the Gram Panchayat can be used for any one or more of the purposes. It was held as under: “6. We do not agree with the submission of the learned counsel of the appellants that in Bishamber Dayal case [1986 Punj LJ 208 : AIR 1986 P&H 203 (FB)] the Full Bench of the High Court had taken a different view than the one which was taken in Khushi Puri case [1978 Punj LJ 78 : 1978 Rev LR 443] . The High Court F appears to have consistently held that the land vesting in the Gram Panchayat can be used for any one or more of the purposes specified in sub-rule (2) of Rule 3, leasing out for cultivation being one of the purposes. We find no reason to disagree with the High Court and in fact approve the position of law settled by it in Khushi G Puri case [1978 Punj LJ 78 : 1978 Rev LR 443] which was upheld by the Full Bench in Bishamber Dayal case [1986 Punj LJ 208 : AIR 1986 P&H 203 (FB)].”

66Copy pinpoint66. Having said so, though the land vests with the Panchayat, but such land should be utilized only for common purposes for the benefit of 39 H (2000) 6 SCC 84

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 957 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

village community. Such benefits to the village community is not limited A to traditional benefits of the village community i.e., land for grazing of cattle, dumping of dead animals, schools and hospitals but also the activities which would be required in future, keeping in view the modernization of the village economy which will ultimately for the benefit of the village community. B

67Copy pinpoint67. Therefore, we affirm the conclusions No (i) and (ii) arrived at by the Full Bench in Jai Singh II, though for different reasons. The finding in para 218 (k) in Suraj Bhan is set aside for the reasons recorded above. There is no challenge to Conclusion No. (iv) in the order of Jai Singh II, therefore, the same stands affirmed as well. C

68Copy pinpoint68. With respect to the conclusion no. (iii) by the Full Bench in Jai Singh-II, it was observed that the land which has been cultivated by the proprietors on pro-rata cut and which have not been earmarked for any common purpose, commonly called as Bachat land, shall not vest with the Gram Panchayat. We are unable to agree with such D conclusion.The land reserved for common purposes was reserved for the requirement of village community in praesenti and in future. If the land has not been put to use for any common purpose soon after the consolidation and/or thereafter, it cannot be said to be a Bachat land. The land mass is not going to increase but the requirement of the people and the expectations of the village community is ever expanding. E Therefore, even if any land reserved for common purposes is not actually being put to any common purpose, it cannot be termed as a Bachat land and thus open for the purpose of repartition amongst the proprietors sought.

69Copy pinpoint69. The expression Bachat land was first used by the High Court F in Gurdial Singh v. State of Haryana40 wherein, the Panchayat was the owner of 850 standards kanals and 15 marlas. After considering the land owned by Panchayat prior to consolidation and the land, management and control of which came with Gram Panchayat, it was found that 48 standard kanals and 14 marlas were actually utilised for various common purposes and the remaining 112 standard kanals and 7 marlas were G ordered to be redistributed pro-rata amongst the right-holders under Section 42 of the 1948 Act by the Assistant Director, Consolidation of Holdings. The order of the Assistant Director Consolidation to redistribute the land was not interfered with. 40 1979 PLJ 350 H

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70Copy pinpoint70. In a judgment reported as Bagga Singh v. The Commissioner, Ferozepur Division, Ferozepur41, Panchayat filed an application for eviction for the ejectment of the writ petitioner. It was asserted that he is in possession as proprietor. 2 kanals out of 50 kanals reserved for common purposes was utilized for passages and remaining 48 kanals was said to be left as Bachat land by the writ petitioner. It was held by the learned Single Bench that though the land in dispute is entered in the name of proprietary body of the village in the revenue record, but this would not be sufficient to draw an inference that it was reserved for common purposes of village. The High Court held that though initially the land was reserved for common purposes but since it was never utilized for any such purpose, therefore it is Bachat land which means the area left unutilized. The Court held as under: “4. For any land to be common purposes land under the 1976 Act, two conditions have to be satisfied that it was reserved for common purposes under Section 18 and its management and control vests in the Gram Panchayat under Section 23-A of the Consolidation Act. No doubt, the land in dispute is entered in the name of proprietary body of the village in the revenue record but his fact alone would not be sufficient to draw an inference that it was reserved for common purposes of the village. As discussed above, the list of the land reserved for common purposes of the village as well as the entires in the Jamabandi clearly show that the land in dispute though initially reserved for common purposes of the village but was never utilised for any such purpose and was entered in the name of the proprietary body of the village being Bachat land which means the area left over unutilized. The Panchayat, F therefore, was not entitled to manage and control the land in dispute and as such the authorities below had no jurisdiction to order ejectment of the petitioner under the Eviction Act.”

71Copy pinpoint71. In another judgment reported as Gram Panchayat, Gunia Majri v. Director, Consolidation of Holdings & Ors42., the learned G Single Bench held that if the land reserved for common purposes stands satisfied by the utilization of the land required for each such purpose, the remaining land should be redistributed back to the proprietors. The Court held as under: 41 (1984) SCC OnLine P&H 384 42 (1990) SCC OnLine P&H 823 H

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 959 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

“Precisely, this very view has been taken by the Director/ A Additional Direction, Consolidation of Holdings, in the present writ petitions and the cases have been remitted by issuing the directions to the Consolidation Officers for re-distribution of land to the original proprietors from whom it was taken during consolidation pro rata by defining the shares of the right-holders. These orders are sought to be challenged on the ground that entries like Hasab B Rasad Khewat, Jumla Mushtarka Malkan or Jumla Malkar Wa Digar Haqdaran Arazi Hasab Rasad Raqba, do not entitle the right-holders to claim this land once the same was earmarked and reserved for common purposes. The plea taken by the Gram Panchayats and lessees of the Panchayat is wholly without any basis in view of the aforesaid judgments.”

72Copy pinpoint72. Similar view has been taken by the learned Singh Bench in Baj Singh v. State of Punjab43. In a judgment reported as Gram Panchayat, Village Bhedpura v. Additional Director, Consolidation, Punjab44, an argument was again raised before the Division Bench that the land still left which is known as Bachat land should be redistributed after utilizing the land reserved for common purposes.

73Copy pinpoint73. Mr. Manoj Swarup, learned Senior Counsel for the proprietors, referred to a judgment of the High Court in Gurjant Singh v. Commissioner, Ferozepore Division45wherein many appeals were taken up for hearing together, the lead judgment being LPA No. 868 of E

1992. The said LPA arose out of Writ Petition No. 18016 of 1991 wherein a writ petition was filed against common order of eviction affirmed by Commissioner, Ferozepur Division on 06.08.1991. The Panchayat had sought eviction of the appellants before the High Court as an unauthorized occupant. The learned District Development and Panchayat Officer exercising the powers of the Collector passed an order for the eviction. F Such order of eviction was affirmed by the Commissioner, Ferozepur Division. In a writ petition before the High Court, it was pleaded that the land in dispute along with other land was reserved for common purposes during consolidation and after utilizing the land for common purposes, the land in dispute remained as Bachat land and is not being used for any G common purpose. The learned Single Bench in the order reported as Balwant Singh v. State of Punjab46 dismissed the writ petitions as the 43 (1992) 1 PLR 10 44 (1997) 1 PLR 391 45 (2000) SCC OnLine P&H 56 46 (1992) SCC OnLine P&H 570 H

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A argument was raised that the Bachat land could not be held to vest in the panchayat. In Gurjant Singh case, the argument raised was as under: “4. Mr. Chopra, learned counsel representing the appellants vehemently contends that the land found Bachat (surplus) after utilizing it for common purposes, cannot possibly vest with the B gram panchayat and this precise question is not res integra having been so held by a string of judicial precedents of Supreme Court and this Court. xxx xxx xxx

16. In view of the consistent view taken by the Hon’ble Supreme C Court and this Court from time to time, it is not possible to hold in tune with the findings recorded by the learned Single Judge and, therefore, it has to be held that the Bachat land i.e. land which remains unutilised after utilising the land for the common purposes so provided under the consolidation scheme vests with the proprietors and not with the gram panchayat. Inasmuch, as there is no material brought on records of the case showing how a mutation came to be entered in favour of gram panchayat with regard to land which was consistently shown in the records of rights as belonging to proprietors, the mutation entry in favour of gram panchayat has to be completely ignored. It may be mentioned that this view was also taken by the same Hon’ble Judge in a D.B. who decided the writ petitions giving rise to the present Letters Patent Appeals. It is quite apparent that the provisions of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 and the judgments that have been cited before us were not brought to the notice of the learned single Judge. The judgment in appeal recorded by the learned single Judge in Civil Writ Petitions No. 18016, 18018 and 18049 of 1991 cannot, thus, sustain.

17. Before we may part with this order, we would like to mention that several cases of this nature are being filed almost every day as is also informed to us by the learned Counsel representing the parties. It appears to us that gram panchayat even though conscious of the fact that such lands cannot possibly belong to it rakes up the issue primarily for the reason that some individuals have occupied the Bachat land. The present case also provides H

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 961 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

such an example. It has been repeatedly held by this Court and reference whereof has already been made above that the unutilised land after utilising the land ear-marked for the common purposes, has to be redistributed amongst the proprietors according to the share in which they had contributed the land belonging to them for common purposes. This exercise, it appears, has not been done throughout the States of Punjab and Haryana and villages forming part of Union Territory, Chandigarh even though there is a specific provision for doing that. We have already reproduced the relevant sections of the Act which in turn do contain the provision of re-partition. This non-exercise of statutory provision has led to widespread litigation both in States of Punjab and C Haryana and villages forming part of Union Territory, Chandigarh. With a view to curb this unnecessary and avoidable litigation as also keeping in view the common good and benefit of proprietors who had contributed land belonging to them for common purposes, we not only direct in this case that the concerned authorities under D the Act should redistribute the Bachat land amongst the proprietors according to their shares but this exercise must be done throughout the States of Punjab and Haryana and villages forming part of Union Territory Chandigarh. A copy of this order, thus, be sent to the Chief Secretaries of Punjab and Haryana, Civil Secretariat, Chandigarh and Adviser to the Administrator, Union Territory, E Chandigarh with a direction that proper instructions be passed on to the concerned authorities under the Statute to redistribute/re- partition Bachat land amongst the proprietors according to their shares. This exercise be done as expeditiousiy as possible and preferably within six months for re-partition must commence. F Liberty to apply in the event of non-compliance of directions, referred to above.”

74Copy pinpoint74. The argument was thus that such land carved out by pro-rata cut from the land holding of the proprietors therefore, the proprietors have a right over such land in proportions to the shares of the proprietors in the khewa, in case, the same is not put to use for common purposes. G The Civil Appeal Nos. 5709-5714 of 2001 against the order of the High Court in Gurjant Singh were decided on 27.8.2001. It was thus argued that the reasoning recorded by the High Court is the reasoning not only approved by this Court but shall also be deemed to be reasoning recorded H

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A by this Court. The order passed by this Court in State of Punjab v. Gurjant Singh, reads thus: “Leave granted. Mr. Harish N. Salve, learned Solicitor General submitted that the State of Punjab takes objection only in regard to the following B observations made in the impugned judgment: “This exercise, it appears, has not been done throughout the State of Punjab and Haryana and villages forming part of Union Territory, Chandigarh even though there is a specific provision for doing that. C This exercise be done as expeditiously as possible and preferable within six months proceedings for re-partition must commence. Liberty to apply in the event of non-compliance of directions, referred to above.”

D Learned counsel for the respondent submits that he has no objection in deleting the aforesaid portions from the impugned judgment. We allow these appeals to the extent of deleting of the abovesaid passage from the impugned judgment. These appeals are disposed of accordingly.”

75Copy pinpoint75. The argument advanced was that since the appeal was decided by this Court, the findings recorded by the High Court stands affirmed by this Court and that we are bound by the judgment of the High Court. He relied upon the judgment in Kunhayammed v. State of Kerala47 and also the judgment in V.M. Salgaocar & Bros. Pvt. Ltd. v. Commissioner of Income Tax48. On the other hand, Mr. Kant relied F upon judgment of this Court in S. Shanmugavel Nadar v. State of T.N.49.

76Copy pinpoint76. We find that the judgment of Kunhayammed referred to by Mr. Swaroop is not helpful to the argument raised. In fact, it was held as under: G “12. The logic underlying the doctrine of merger is that there cannot be more than one decree or operative orders governing the same subject-matter at a given point of time. When a decree

47 (2000) 6 SCC 359 48 (2000) 5 SCC 373 49 H (2002) 8 SCC 361

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 963 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

or order passed by an inferior court, tribunal or authority was subjected to a remedy available under the law before a superior forum then, though the decree or order under challenge continues to be effective and binding, nevertheless its finality is put in jeopardy. Once the superior court has disposed of the lis before it either way — whether the decree or order under appeal is set aside or modified or simply confirmed, it is the decree or order of the superior court, tribunal or authority which is the final, binding and operative decree or order wherein merges the decree or order passed by the court, tribunal or the authority below. However, the doctrine is not of universal or unlimited application. The nature of jurisdiction exercised by the superior forum and the content or subject-matter of challenge laid or which could have been laid shall have to be kept in view.”

77Copy pinpoint77. In V.M. Salgaocar, the question of law framed was answered in favour of the assessee and against the revenue by the High Court. The Civil Appeal at the instance of revenue was dismissed without any speaking order. It was held that the previous proceedings would operate as binding precedent that once this Court has dismissed the appeal, the High Court in a subsequent assessment year cannot take a different view. It may be noticed that the aforesaid judgment was delivered on 10.04.2000 whereas Kunhayammed was delivered in 19.07.2000 by a larger bench. E

78Copy pinpoint78. In S. Shanmugavel Nadar, this Court has referred to the judgment of this Court in V.M. Salgaocar while examining the legality of the Madras City Tenants Protection (Amendment) Act, 1994. The constitutional validity was upheld by the High Court in first round. The Special Leave Petition was dismissed on the ground that the State of F Tamil Nadu was not made a party. This Court had not examined the constitutional validity of the Amending Act. In a subsequent round before the Full Bench considering the challenge to the Amending Act, the Division Bench of the High Court was cited as a binding precedent affirmed by this Court. This Court held that when an order of the superior forum G results in confirmation, reversal or modification the order, what emerges is the operative part alone is binding i.e., the mandate or decree issued by the court which have been expressed in a positive or negative form. This Court also examined that dismissal of Special Leave Petition can either result into res-judicata or a binding precedent under Article 141 of the Constitution. It was held as under: H

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A “10. Firstly, the doctrine of merger. Though loosely an expression merger of judgment, order or decision of a court or forum into the judgment, order or decision of a superior forum is often employed, as a general rule the judgment or order having been dealt with by a superior forum and having resulted in confirmation, reversal or modification, what merges is the operative part i.e. the mandate or decree issued by the court which may have been expressed in a positive or negative form. For example, take a case where the subordinate forum passes an order and the same, having been dealt with by a superior forum, is confirmed for reasons different from the one assigned by the subordinate forum, what would merge in the order of the superior forum is the operative part of the order and not the reasoning of the subordinate forum; otherwise there would be an apparent contradiction. However, in certain cases, the reasons for decision can also be said to have merged in the order of the superior court if the superior court has, while formulating its own judgment or order, either adopted or reiterated the reasoning, or recorded an express approval of the reasoning, incorporated in the judgment or order of the subordinate forum. xxx xxx xxx

12. Thirdly, as we have already indicated, in the present round of litigation, the decision in M. Varadaraja Pillai case [85 LW 760] was cited only as a precedent and not as res judicata. The issue ought to have been examined by the Full Bench in the light of Article 141 of the Constitution and not by applying the doctrine of merger. Article 141 speaks of declaration of law by the Supreme Court. For a declaration of law there should be a speech i.e. a F speaking order. In Krishena Kumar v. Union of India [(1990) 4 SCC 207 : 1991 SCC (L&S) 112 : (1990) 14 ATC 846] this Court has held that the doctrine of precedents, that is being bound by a previous decision, is limited to the decision itself and as to what is necessarily involved in it. In State of U.P. v. Synthetics and G Chemicals Ltd. [(1991) 4 SCC 139] R.M. Sahai, J. (vide para 41) dealt with the issue in the light of the rule of sub silentio. The question posed was: can the decision of an appellate court be treated as a binding decision of the appellate court on a conclusion of law which was neither raised nor preceded by any consideration or in other words can such conclusions be considered as H

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 965 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

declaration of law? His Lordship held that the rule of sub silentio is an exception to the rule of precedents. “A decision passes sub silentio, in the technical sense that has come to be attached to that phrase, when the particular point of law involved in the decision is not perceived by the court or present to its mind.” A court is not bound by an earlier decision if it was rendered “without any argument, without reference to the crucial words of the rule and without any citation of the authority”. A decision which is not express and is not founded on reasons, nor which proceeds on consideration of the issues, cannot be deemed to be a law declared, to have a binding effect as is contemplated by Article 141. His Lordship quoted the observation from B. Shama Rao v. Union C Territory of Pondicherry [AIR 1967 SC 1480 : (1967) 2 SCR 650] “it is trite to say that a decision is binding not because of its conclusions but in regard to its ratio and the principles, laid down therein”. His Lordship tendered an advice of wisdom — “Restraint in dissenting or overruling is for sake of stability and uniformity but rigidity beyond reasonable limits is inimical to the growth of law.” (SCC p. 163, para 41) xxx xxx xxx

14. It follows from a review of several decisions of this Court that it is the speech, express or necessarily implied, which only is the declaration of law by this Court within the meaning of Article 141 of the Constitution.”

79Copy pinpoint79. In S. Shanmugavel Nadar, the Bench had the advantage of considering Kunhayammed and V.M. Salgaocar. A perusal of the aforesaid judgment would show that if leave is granted in a special leave petition, the appellate order becomes operative and executable order. But the nature of jurisdiction exercised by the superior forum and the content of subject matter of challenge laid or which could have been laid had to be kept in view.

80Copy pinpoint80. In a recent judgment reported as Kaikhosrou (Chick) Kavasji G Framji v. Union of India and another50, this Court held as under: “53. In our view, the principle of merger is fairly well settled. For merger to operate, the superior court must go into the merits of the issues decided by the subordinate court and record finding(s) 50 (2019) 20 SCC 705 H

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A one way or other on its merits. If this is not done by the superior court, a plea of merger has no application in such a case and the order of the subordinate court would continue to hold the field (see S. Shanmugavel Nadar v. State of T.N.).”

81Copy pinpoint81. In another judgment reported as Commissioner of Income- B Tax, Bombay v. M/s. Amritlal Bhogilal and Co.51, an appeal was filed before the Appellate Assistant Commissioner against an order passed by the Income-Tax Officer. However, the Income-Tax Officer passed an order refusing to grant registration to the firm to the two assessment years 1947-48 and 1948-49. An argument was raised that since the order of the Assessing Officer has been affirmed in appeal, the non-registration C of the firm could also be challenged before the Appellant Assistant Commissioner. This Court noticed the fact, that the department has not been conferred in the right of appeal against the order either refusing to register the firm or cancelling the registration of the firm. This Court considered such an argument and held as under: D “13. …….. It is thus clear that wide powers have been conferred on the Appellate Assistant Commissioner under Section 31. It is also clear that, before the Appellate Authority exercises his powers, he is bound to hear the Income Tax Officer or his representative. It has been urged before us by Mr Ayyangar on behalf of the respondent that these provisions indicate that, in exercise of his wide powers the Appellate Assistant Commissioner can, in a proper case, after hearing the Income Tax Officer or his representative, set aside the order of registration passed by the Income Tax Officer. We are not prepared to accept this argument. The powers of the Appellate Assistant Commissioner, however wide, have, we think, to be exercised in respect of the matters which are specifically made appealable under Section 30(1) of the Act. If any order has been deliberately left out from the jurisdiction of the Appellate Assistant Commissioner it would not be open to the Appellate Authority to entertain a plea about the correctness, propriety or validity of such an order. ……It is true that, in dealing with the assessee’s appeal against the order of assessment, the Appellate Assistant Commissioner may modify the assessment, reverse it or send it back for further enquiry; but any order that the Appellate Assistant Commissioner may make 51 H AIR 1958 SC 868

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 967 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

in respect of any of the matters brought before him in appeal will not and cannot affect the order of registration made by the Income Tax Officer. If that be the true position, the order of registration passed by the Income Tax Officer stands outside the jurisdiction of the Appellate Assistant Commissioner and does not strictly form part of the proceedings before the appellate authority. Even after the appeal is decided and in consequence the appellate order is the only order which is valid and enforceable in law, what merges in the appellate order is the Income Tax Officer’s order under appeal and not his order of registration which was not and could never become the subject-matter of an appeal before the appellate authority. The theory that the order of the tribunal merges in the order of the appellate authority cannot therefore apply to the order of registration passed by the Income Tax Officer in the present case.”

82Copy pinpoint82. Thus, the principle of merger would be that the order of the higher court becomes the operative order and not the order which was appealed from and not interfered with.

83Copy pinpoint83. In the appeal against the judgment of Gurjant Singh, only grievance raised before this Court was in respect of a direction of fixing a time limit to re-partition the land. It was the said direction which was deleted from the order. By such exercise of jurisdiction in appeal, the reasoning of the High Court is not deemed to be the reasoning of this E Court. Such argument would in fact give rise to strange results as the reasoning of the High Court would have to be accepted as reasoning of the Supreme Court. There cannot be a more absurd argument. As held by this Court in S. Shanmugavel Nadar, there can be only one operative judgment/order. Once this Court has deleted the time limit to complete the re-partition, the operative order remains of the High Court that Bachat land can be partitioned i.e., operative part of the order. The reasoning recorded by the High Court is not however affirmed by this Court. It would be a judgment of the High Court alone which can be cited as a precedent in other cases but not as an order of this Court. Consequently, we do not find any merit in the argument so raised. In fact, by applying the doctrine of merger, the order of this Court becomes operative order but since the order is of deletion of a direction only, the effect would be that the order of the High Court has not been interfered with.

84Copy pinpoint84. Keeping in view of the above discussions, we find that the land reserved for common purposes cannot be re-partitioned amongst H

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A the proprietors only because at a particular given time, the land so reserved has not been put to common use. The learned counsel for the parties could not point out any particular time-line during which the common purposes have to be accomplished. Since ‘common purpose’ is a dynamic expression, as it keeps changing due to the change in requirement of the society and the passing times, therefore once the land has been reserved for common purposes, it cannot be reverted to the proprietors for redistribution. Therefore, the conclusion no. (iii) arrived at by the High Court is set-aside as unutilized land is not available for redistribution amongst the proprietors. The finding recorded by the different Benches of the High Court are clearly erroneous and not sustainable. Thus, the conclusion no (iii) arrived at by the High Court in Jai Singh II is set aside. CIVIL APPEAL NO. 1679 OF 2022; CIVIL APPEAL NO. 1678 OF 2022 AND CIVIL APPEAL NO. 1680 OF 2022

85Copy pinpoint85. In the abovementioned appeals, the challenge on behalf of the proprietors is to the provisions of the Haryana Municipal (Amendment) Act, 1999 (Act No. 17 of 1999) and to Section 2(52A) and Section 161(1)(g) of the Haryana Municipal Corporation Act, 1994 inter alia on the ground that the said Act infringes upon the fundamental rights of the proprietors as the same is not directed towards agrarian reforms. The E land owners have sought a direction that the land reverts back to them. By virtue of the amendments, the shamilat deh was to vest with the Municipalities. The amendments were said to be violative of Articles 13, 14, 31-A and also Article 300A of the Constitution.

86Copy pinpoint86. In Civil Appeal No. 1679 of 2022, the appellant has purchased F land admeasuring 6.4625 acres (51 Kanals 14 Marlas) said to be from the erstwhile owners through registered sale deeds. The appellant cannot be said to be proprietor as it is a company whereas the vendors of the appellant may be proprietors but the facts are not clearly established on record. Mr. Kamat, learned Senior Advocate appearing for the appellant argued that the appellant has challenged the provisions of the Haryana G Municipal Corporation (Amendment) Act, 1999 amending the Haryana Municipal Corporation Act, 199452 but the State has not filed any appeal against the judgment arising out of the writ petition filed by the appellant. It was argued that the provisions of the Amending Acts, amending the 52 1994 Corporation Act H

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 969 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

Haryana Municipal Act, 197353 or the 1994 Corporation Act introducing A ‘shamilat land’ as vesting in municipality are not part of agrarian reforms and do not have the protection under Article 31A of the Constitution. Therefore, it is an acquisition by urban local body and the property of the proprietors can be acquired only by way of compensation. Since no compensation is contemplated under the amending statutes, therefore, such amendments are absolutely unconstitutional. The said issue has already been decided by the Full Bench of Punjab and Haryana High Court in Rajender Parshad & Ors. v. State of Haryana & Ors.54.

87Copy pinpoint87. The Full Bench of the High Court in Rajender Parshad had struck down the Haryana Municipal Common Lands (Regulation) Act, 197455 as suffering from the vice of unconstitutionality. It was found that the said Act was not a measure of agrarian reforms, therefore, could not enjoy the protection envisaged by Article 31A(1)(a) of the Constitution.

88Copy pinpoint88. The High Court in Suraj Bhan struck down the provisions of the amending statutes amending the 1973 Municipal Act and the 1994 D Corporation Act relying upon the Full Bench decision in Rajender Parshad. The appellant in Civil Appeal No. 1679 of 2022 is aggrieved against the direction to pay compensation treating the action of the State as an acquisition and holding that the owners are entitled to compensation under Article 300-A of the Constitution. E

89Copy pinpoint89. The High Court in Suraj Bhan held that the proprietors cannot be divested of their proprietary rights in ‘Jumla Mushtarka Malkan’ or ‘Jumla Malkan Wa Digar Haqdaran Arazi Hasab Rasad Raqba’ lands without payment of compensation by a mere declaration of such inclusion or vesting by Section 2(g)(6) of the 1961 Act. The High Court F further held that the provisions of the Amending Acts amending the 1973 Municipal Act and the 1994 Corporation Act would amount to compulsory acquisition without payment of compensation which is impermissible in law. The Court held that the judgments in Notified Area Committee & Anr. v. Des Raj & Ors. 56 and Municipal Committee, Sirhind v. Parshotam Dass & Ors.57 are not applicable as the issue was confined G

53 1973 Municipal Act 54 AIR 1980 P&H 37 55 For short, the ‘1974 Act’ 56 (1995) 5 SCC 317 57 (1996) 8 SCC 324 H

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A to the effect of reversion of land to the land owners in the context of Rule 3 of the Punjab Gram Panchayat Rules, 1965. The High Court held as under: “207. In Municipal Committee, Sirhind v. Parshotam Dass (supra) and in the Notified Area Committee v. Des Raj (supra), the issue was confined to the effect of reversion of land to the land owners in the context of Rule 3 of the Punjab Gram Panchayat Rules, 1965 and the original owners were held not entitled to claim the property in question in the context of said Rule. Besides, in Notified Area Committee v. Des Raj (supra), the proviso to Rule 3 of the Punjab Gram Panchayat Rules, 1965 was held to be inapplicable as the land came to be vested in the concerned Panchayat by operation of the VCL Act 1953 under which the Gram Panchayat had acquired its right and the repeal of the said VCL Act 1953 by the VCL Act 1961, it was said, did not in any way affect the right which the Gram Panchayat had acquired over the land. D xx xx xx

211. In the present case, when the land being taken over by a municipality and would, thus, have the characteristics of an urban area, it cannot be said that the same is for giving effect to the directive principles of the State policy or for agrarian reforms. E Rather the common purposes for which the land was being utilized by the ‘inhabitants of the village’ would cease. Besides, there is no dispute to the proposition that the areas of the Gram Panchayat which are merged into the municipalities would not be entitled to a hearing in compliance with the principles of natural justice before their merger.” F

90Copy pinpoint90. Mr. Pradeep Kant, learned senior counsel appearing for the State argued that the land vested in the Panchayat in terms of Section 4 of the 1961 Act, hence the land of Panchayat now merely stands transferred from one statutory body to the other by extending the municipal limits and thus that the proprietors would not be entitled to any G compensation. Mr. Kant also argued that the Haryana Panchayati Raj Act, 199458 contemplates the satisfaction where the whole of the sabha area included in the municipality or cantonment, the Gram Panchayat shall cease to exist and the assets and liabilities shall vest with the municipality. 58 H For short, the‘1994 Act’

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 971 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

91Copy pinpoint91. Mr. Kamat has raised an argument that the stand of the State A that the amendment was necessitated to remove the encroachments on the land reserved for common purpose is not tenable. It was pointed out that for such purpose, the Haryana Common Purposes Land Eviction and Rent Recovery Act, 198559 has been enacted to treat the land reserved for common purposes under 1948 Act as public premises. The B said aspect has been considered by the Five Judges Bench in Suraj Bhan to hold that both proceedings under the 1961 Act and under the 1985 Act are parallel proceedings and that it is open to choose any. The Court held as under: “83. It may appropriately be noticed that the Haryana State has also framed the Haryana Common Purposes Land Eviction and C Rent Recovery Act, 1985. The said Act is to provide for eviction of unauthorized occupants from land reserved for common purposes under the Consolidation Act 1948. In terms of Section 2 of the said Act ‘Common Purposes Land’ has been defined to mean land reserved for common purposes of a village under Section D 18 of the Consolidation Act 1948, the management and control whereof vests in the State Government or the Panchayat under Section 23-A of the said 16-02-2022 (Page 31 of 89) www.manupatra.com Supreme Court Judges Library Consolidation Act 1948. Section 3 of the Haryana Common Purposes Land Eviction and Rent Recovery Act, 1985 provides for application of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 to common purposes. It is provided that notwithstanding anything contained in any law for the time being in force, the provisions of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, shall apply to common purposes land which shall be deemed to be public premises for the purpose of the said Act. The provisions of the VCL Act 1961 are, however, more comprehensive and deal with disputes inter se parties as well as other disputes in terms of its various provisions, as have been noticed above. The provisions of the VCL Act 1961 would be in addition to the procedure provided for eviction of unauthorized occupants from land reserved for common purposes under the Consolidation Act 1948. The provisions of the VCL Act 1961 shall have, however, have overriding effect in view of Section 13-D thereof. Besides, the provisions of the 59 Hereinafter referred to as the ‘1985 Act’ H

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A VCL Act 1961 are invoked and administered by the officials of the Rural Development and Panchayats Department, Haryana. The officials of the said Department have been invested with the powers of the Collector, the Commissioner and the Financial Commissioner under the VCL Act 1961. The Sarpanches and Panches of the Gram Panchayats are more familiar in their day- B to-day dealings with the officials of the Panchayat Department at the Block Level, District Level and the State Level. Therefore, having an additional forum for resolution of disputes of lands which are vested in the Panchayats or the management and control of the same is with the Panchayats. Besides, in case two procedures C are provided for eviction of unauthorized occupants of lands which vest in the Panchayat or the Panchayat has management and control would not be illegal or improper.”

92Copy pinpoint92. Ms. Agarwal has referred to Section 5 of the 1961 Act to contend that the shamilat land is for the benefit of the inhabitants of a D same village but in case, there is common benefit for more than one village, the land has to be used for the benefit of the inhabitants of that village and not of the other village. It was further contended that shamilat deh land is a concept of rural areas and its import into urban municipal laws is wholly erroneous construction by the State Legislature. The transfer of such land to the municipal bodies would be to the detriment of villagers and, therefore, bad in law. The vesting of land in municipal bodies is not an agrarian reform and, thus, not protected by Article 31- A.

93Copy pinpoint93. It was further argued that shamilat land is not an asset of Gram Panchayat and cannot be transferred. The Gram Panchayat only has the management and control of land carved out during consolidation under the 1948 Act for a limited purpose for benefits of villagers of that village. Such vesting is a trust created with the Panchayat and cannot be transferred or vested with any other person. Still further, the Gram Panchayat can transfer only that much right which it had, therefore, the transfer of the shamilat land to the municipality lead to divesting of the interest of the proprietors and, therefore, the proprietors in any case would have continue to use the land so reserved for the benefit of the community.

94Copy pinpoint94. We do not find any merit in the argument that since the State H has not challenged the orders in the writ petition filed by the appellant,

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 973 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

therefore, the State cannot challenge the judgment of Full Bench in Suraj A Bhan. The State is in appeal against the entire judgment rendered by the Full Bench in Suraj Bhan. The provisions amending the 1994 Corporation Act are pari materia with the provisions amending the 1973 Municipal Act. Therefore, the argument that the State has not filed an appeal against the order passed in the writ petition does not merit any consideration since the entire judgment is in appeal.

95Copy pinpoint95. The fact is that the Full Bench of the Punjab and Haryana High Court in Rajender Parshad has struck down the Haryana Municipal Common Lands (Regulation) Act, 1974 as unconstitutional inter alia on the ground that such Act is not a measure of agrarian reform. The infirmities pointed out by the High Court in Rajender Parshad are very well applicable to the amending Statutes amending the 1973 Municipal Act and the 1994 Corporation Act. Therefore, we have no hesitation to affirm the findings recorded by the High Court that the amending statutes amending the 1973 Municipal Act and the 1994 Corporation Act are also unconstitutional as they are not part of the agrarian reforms. D

96Copy pinpoint96. However, we find merit in the argument raised by Mr. Pradeep Kant that if whole or part of the Panchayat area comes within the municipal limits, and the Panchayat ceases to exist, land would vest with the municipality and will not revert back to the proprietors. The relevant extract from the Haryana Panchayati Raj Act, 1994 reads as under: E “7. Demarcation of sabha area – (1) The Government may, by notification, declare any village or a part of a village or group of contiguous villages with a population of not less than five hundred to constitute one or more sabha areas: Provided that Government may in exceptional cases, by F reasons to be recorded in writing, relax the limit of population of 500: Provided further that neither the whole nor any part of a- (a) municipality constituted under the Haryana Municipal G Act, 1973; (b) cantonment; shall be included in a sabha area unless the majority of voters in any municipality desire the establishment of a Gram Panchayat in which case the assets and liabilities, if any, of the municipality H

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A shall vest in the Gram Panchayat and the municipality shall cease to exist. (2) The population shall be ascertained on basis of last preceding decennial census of which the relevant figures have been published. B (3) Government may, by notification, include any area in or exclude any area from the sabha area. (4) If the whole of the sabha area is included in a municipality or a cantonment, the Gram Panchayat shall cease to exist and the assets and liabilities of it shall vest in the municipality or C cantonment, as the case may be. (5) If the whole of the sabha area is included in the Faridabad Complex under the Faridabad Complex (Regulation and Development) Act, 1971, the Gram Panchayat shall cease to exist and its assets and liabilities shall vest in the Faridabad Complex.” D

97Copy pinpoint97. Section 2-A of the 1973 Municipal Act deals with classification and constitution of municipalities such as Municipal Committee for a transitional area with population of not more than fifty thousand, Municipal Council for a smaller urban area with population of more than fifty thousand but less than three lacs and the Municipal Corporation for a E larger urban area with population of three lacs or more60. Section 3 empowers the State Government to propose any local area to be a municipality under the 1973 Municipal Act. Section 4 empowers the State Government to alter the limits of municipality whereas Section 5 empowers the State Government to exclude any area from the municipality. Relevant provisions from the 1973 Municipal Act read thus: “3. Procedure for declaring municipality.—(1) The State Government may, by notification, propose any local area to be a municipality under this Act. (2) Every such notification shall define the limits of the local area to which it relates. xx xx xx (10) A Committee shall come into existence at such time as the State Government may, by notification, appoint in this behalf. 60 H As amended by Haryana Act No. 11 of 2002

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 975 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

4. Notification of intention to after limits of municipality.—(1) The A State Government may, by notification, and in such other manner as it may determine, declare its intention to include within a municipality any local area in the vicinity of the same and defined in the notification. (2) xx xx xx B (4) When any local area has been included in a municipality under sub-section (3), this Act, and, except as the State Government may, by notification, direct otherwise, all notifications, rules; bye- laws, order, directions and powers issued made, or conferred under this Act and in force throughout whole of the municipality at the time, shall apply to such area.

5. Notification of intention to exclude local area from municipally.— The State Government may, by notification, and in such other manner as it may deem fit, declare its intention to exclude from a municipality any local area comprised therein and defined in the notification.”

98Copy pinpoint98. In the Notified Area Committee, an argument was raised that the land once vested with the Panchayat under the Punjab Act in terms of Section 3(a) of the said Act would be mutated in favor of the appellant after the enactment of the 1974 Act. As the said Act was declared void, it stands revested with the proprietors. Such argument was negated by this Court, though the High Court had accepted such argument. This Court held as under: “3. There being no dispute as to the vesting of the land pursuant to 1953 Act in the Gram Panchayat concerned, all that we are required to decide is whether the stand of the plaintiffs-respondents that the same got reverted to them pursuant to what has been mentioned in the aforesaid proviso is correct or not.

4. To decide the aforesaid question, let Rule 3 of the Punjab Gram Panchayat Rules, 1965 be noted, which reads as under: G

3. “If the whole of Sabha area is included in Municipality, cantonment or notified area all rights, obligations, property, assets and liabilities if any, whether arising out of any contract or otherwise shall vest in the Municipal Committee, Cantonment Board or Notified Area Committee as the case may be: H

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A Provided that the land, which vests in the panchayat under the Punjab Village Common Lands (Regulation) Act, 1961 or the land, management and control of which vests in the panchayat under the East Punjab Consolidation and Prevention of Fragmentation Act, 1948, shall revert to the co-sharers and owners thereof. B

5. The respondents first contention is that for the appellant to claim vesting of the land in it, the first requirement is that the whole of the sabha area must have been included in it. It is then urged that even if this part of the requirement be held to be satisfied, because of what has been stated in the aforesaid proviso, the land did revert to them. The further leaf of this argument is that the omission of the proviso by notification dated 22nd December, 1976 cannot alter the position inasmuch as the area of village Gudha, in which the land is admittedly situate, had been declared to be part of notified area on 6-10-75; and so, the proviso operated by its own force on that date, because of which its omission later on could not alter the legal position.

6. Insofar as the first contention is concerned, Shri Ashri, learned counsel appearing for the appellants, brings to our notice what has been stated in sub-section (2) of Section 8 of the Panchayat E Act, which is in the following language :- xxx xxx This shows that the only effect of non- inclusion of the whole of the area of a Gram panchayat is that the jurisdiction of the concerned Notified Area Committee shall get reduced and would be confined to the part included. As in the present case there is nothing to show that the part of the Gram Panchayat in which the suit land is situate had not been included in the territorial area of the appellant- committee, the first contention advanced on behalf of the respondent, which had found acceptance with the Courts below, cannot be regarded as legally sound.”

99Copy pinpoint99. In Municipal Committee, Sirhind, the plaintiff filed a suit against the Municipal Committee for a declaration that the subject matter of the suit land is the property of the plaintiff as proprietors. The municipal limit of Sirhind Municipality was extended, covering a part of Gram Sabha area of Nagar Panchayat and the disputed area came under the Municipal H

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 977 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

Limits. The argument which found favor with the High Court was that unless the whole land of the Sabha area is included in an urban estate under the provisions of the Punjab Municipal Act, there can be no vesting of the Sabha area with the municipality. Such argument was not accepted by this Court as the ‘whole’ was said to be including a ‘part’. Still further, the argument of the proprietors that the shamilat property would stand reverted to the proprietors was not accepted. It was held as under: “7. But a contention has been advanced which found favour with the courts below that unless the whole land of the Sabha area is included in an urban estate under the provisions of the Punjab Municipal Act, then there can be no vesting of the Sabha area with the municipality. We are unable to accept this contention since the expression ‘whole’ in sub-section (3) of Section 4 of the Punjab Gram Panchayat Act must be held to be including a ‘part’ and therefore if a part of the Sabha area is included within the municipal limits then that part of the Sabha area becomes a part of the municipality and it ceases to be a part of the Gram Panchayat. D Section 8 of the Gram Panchayat Act stood deleted from the Gram Panchayat Act in the year 1962. Section 4(3) extracted above was added to the Punjab Gram Panchayat Act with effect from 14-7-1978. The Punjab Gram Panchayat Rules, 1965 had been framed in exercise of power under Section 101 of the Punjab Gram Panchayat Act by the State Government. Rule 3 is the rule E for disposal of assets and liabilities of Gram Sabha. The said rule provides that if the whole of the Sabha area is included in a municipality, cantonment city, urban estate or notified area, rights, obligations, property, assets and liabilities, if any, whether arising out of any contract or otherwise shall vest in the Municipal F Committee, Cantonment Board, (Municipal Corporation, Chief Administrator or Notified Area Committee, as the case may be). xx xx xx

10. A combined reading of the aforesaid provisions of the Gram Panchayat Act, the rules made thereunder and the Punjab G Municipal Act unequivocally indicate that on and from the date of issuance of a notification extending the municipal limits over a part of the Sabha area that part of the Sabha area forms a part of the municipality and it is the municipality in whom right, title and interest over the area vests. It is difficult to accept the reasoning H

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A advanced by the courts below that only when the entire Sabha area comes within the municipal limits then the property vests and not otherwise. In our considered opinion the expression ‘whole’ in Section 4(3) of the Gram Panchayat Act brings within its sweep also a part of the Sabha area and therefore the disputed properties in the case in hand which originally formed a part of Sabha area B of Village Brahman Majra having been included in municipal limits of Sirhind Municipality by notification dated 18-9-1968, it is the municipality on whom the right, title and interest of the property vested and it never revested at (sic in) the khewatdars as found by the courts below. The courts below including the High Court C not only committed error in interpreting Section 4(3) of the Gram Panchayat Act but also committed error in relying upon the proviso to Rule 3 of the Gram Panchayat Rules since on the date when the notification was issued extending the municipal limits of Sirhind Municipality on 18-9-1968 Section 4(3) of the Gram Panchayat Act was not in force and therefore Rule 3 could not have operated upon. As has been stated earlier Section 56 of the Municipal Act and Section 4 of the Gram Panchayat Act make the legislative intention clear that when a part of the Sabha area gets included within the municipal limits of any municipality the property comprised therein vests with the Municipal Committee. In this view of the matter the plaintiffs who were the original khewatdars cannot claim the property in question and it is the municipality which continues to be the owner of the disputed property. xx xx xx

12. Sub-section (2) of Section 3 would be attracted only when land vested in Municipal Committee, Sirhind has been excluded from “Shamlat deh” as defined in clause (g) of Section 2 of the said Act. Section 2(g) has 9 exclusion clauses but there is not an iota of material on record and in fact the case in hand has not been examined from that angle to establish that the disputed property stood excluded from “Shamlat deh” by operation of any of the sub-clauses which excludes from the definition of “Shamlat deh” in Section 2(g). In that view of the matter the contention of Mr Madhava Reddy cannot be sustained.”

100Copy pinpoint100. The sub-section (4) of Section 7 of the 1994 Act contemplates that if the whole of the Sabha area is included in a municipality, the

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 979 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

Gram Panchayat shall cease to exist, whereas on the other hand, the A 1973 Municipal Act contemplates inclusion of part of local area into a municipality. In fact, Section 7(4) is pari materia with Section 4(3) of the Punjab Gram Panchayat Act, 1952, since repleaded by 1973 Municipal Act.

101Copy pinpoint101. The Panchayati Raj Act contemplates cessation of Gram B Panchayat if whole of the Sabha area is included in the municipality, whereas the 1973 Municipal Act contemplates the local area which may be part of Gram Panchayat area can be included in the municipality. Even an area from the municipal limits can be excluded from the municipal limits as well. In Atma Ram this Court also examined the maxim that Omne Majus continet in se minus (the greater contains the less). This C Court held as under:- “12. Another branch of the same argument was that if the makers of the Constitution intended to include within the purview of Article 31A, not only entire estates but also portions thereof, nothing would have been easier than to say so in terms, and that in the absence D of any specific mention of “portions of an estate”, we should not read that article as covering “portions of an estate” also. In our opinion, there is no substance in this contention, because they must be attributed full knowledge of the legal maxim that “the greater contains the less” – Omne Majus continet in se minus. E ........Thus the Full Bench specifically held that Article 31A of the Constitution applied equally to portions of estates also. This decision of the Full Bench61 was followed by a Division Bench of the same High Court, consisting of Bhandari C. J. and Dulat J., in the case of Hukam Singh v. State of Punjab, 57 PLR 359 : ( AIR 1955 Punjab 220). That Bench was concerned with the provisions of another Act -Punjab Village Common Lands (Regulation) Act, 1954. In that case, the Division Bench, naturally, followed the decision of the Full Bench in so far as it had ruled that the ‘whole’ includes the part, and that where an Act provides for rights in an estate, it provides for rights in a part of an estate also. .............. In our opinion, the view taken by the earlier Full Bench is the correct one. The learned Chief Justice who was a party to both the conflicting views on the same question has not indicated his own reasons for changing his view. The Full Bench 61 AIR 1954 Punjab 167 H

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A has accepted the force of the legal maxim that the greater contains the less, referred to above but has not, it must be said with all respect, given any good reasons for departing from that well- established maxim. .........”

102Copy pinpoint102. The reference was made to later Full Bench judgment of B Punjab High Court reported as State of Punjab v. S. Kehar Singh62and earlier Full Bench reported as Bhagirath. Even in a later Full Bench of the High Court in a judgment reported as M/s. Hari Ram Paras Ram v. State of Haryana63, the expression ‘whole’ will include part has been accepted. It was held as under:- C “19. Mr. Mittal was pretty vehement in submitting that under Section 3(2)(c) of the Act the price of the entire essential commodity in contradistinction with a part thereof alone can be fixed. According to him, there is no such thing as a partial control of the price. I see no merit in this submission. If the non-availability of essential commodities, which grows with the passage of time, has to be checked, then the evil must be nipped in the bud. In other words, if the supply position can be improved by taking less drastic action, the State Government should be allowed to take that action instead of allowing the problem to go out of hands. If the interpretation suggested by Mr. Mittal is accepted, then the authorities under the Act, would have to wait till the essential commodities become so costly and scarce as to make absolute control of prices the only imperative. Besides, there is a legal maxim omne majus continet in se minus - the greater contains the less. This maxim has been referred to with approval in Atma Ram v. State of Punjab, AIR 1959 Supreme Court 519 - If the State F Government has the volition and the right to travel the whole distance, I see no reason why it should be commanded to go further if it exercises an option of stopping midway. ..............”

103Copy pinpoint103. The Section 7(4) of the Panchayati Raj Act, 1994 is to be read with the provisions of the 1973 Municipal Act. However, both the G statutes had undergone extensive changes after the insertion of Part IX and IX A in the Constitution empowering the third tier of the democratic set up. The Panchayati Raj Act contemplates vesting of property of Gram Panchayat with the municipality., whereas the Municipal Act takes 62 AIR 1959 P&H 8; 1958 SCC Online Punj 89 63 ILR (1982) 1 Punjab and Haryana 317 H

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 981 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

into its ambit the properties which were vesting with Panchayat. The A 1973 Municipal Act contemplates that even if part of the property of Gram Panchayat is included in the Municipal Limits, it would vest with the municipality. Thus, the word ‘whole’ appearing in Section 7(4) of Panchayati Raj Act does include part of the Gram Panchayat area coming within the municipal limits. It is the same view which was taken by this B Court in a Notified Area Committee, Sirhind.

104Copy pinpoint104. Thus, if the whole or part of Gram Panchayat area is included in the municipal limits, the land reserved for common purposes as part of agrarian reforms would stand vested with the municipality. Such vesting is not a part of agrarian reforms but shall be on account of extension of municipal limits. When the municipal limits are extended, the residents of the Panchayat also became residents of the municipality. The common purposes of the village community prior to extension of the municipal limits would be deemed to be common purposes for which land can be utilized by the municipality. Therefore, such vesting of land reserved for common purposes is not an acquisition for the first time but transition of the land reserved for common purposes in the changed scenario when the land vest with the municipality.

105Copy pinpoint105. The argument of the proprietors that if whole of the Sabha area merges with the municipality, only then there can be vesting of land reserved for common purposes with the municipality is untenable. Such E an argument would lead to anomalous results. The title, right and interest of the property cannot be held in abeyance. There has to be continued control and management over the land reserved for common purposes under the 1948 Act. Therefore, even if a part of Sabha area is merged into the municipality, the municipality will have control over the land so reserved for the erstwhile village community which will now form part F of the urban area. In view thereof, we do not find any merit in the argument raised on behalf of the proprietors and dismiss the writ petitions filed by them while allowing the appeals of the State.

106Copy pinpoint106. The argument of the proprietors that the land which is not capable of being used for common purposes of the inhabitants of a G particular village shall be reverted to the proprietors is untenable and unsustainable. The land has been put to common pool by applying pro- rata cut. Once pro-rata cut has been applied, the management and control of such land vest with the Panchayat. There is no question of reverting the land to the proprietors. As discussed above, the land which is not H

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A part of the permissible limits under the land ceiling laws stand acquired and vested with the Panchayat in terms of judgment of this Court in Ranjit Singh. However, in respect of the land forming part of permissible limits of the proprietor under the land ceiling laws, the management and control vest with the Panchayat. Neither the 1961 Act nor the 1948 Act contemplates redistribution of land to the proprietors. It is an irrevocable B act which cannot be undone. Therefore, once land vest with the Panchayat, it can be used for common purposes of the community and will never revert back to the proprietors.

107Copy pinpoint107. We find that the scope of the two provisions under the 1985 Act and 1961 Act are different and distinct. Under the 1985 Act, the C Gram Panchayat could seek eviction from unauthorized occupants, the management and control as of the land reserved for common purposes whereof vested in the Gram Panchayat in a summary way where the possession of the occupant was unauthorized. But if there is dispute in respect of the nature of occupation by the occupant or by the panchayat, procedure under the 1961 Act alone can be resorted to as Section 13A of the 1961 Act confers power upon the Collector to decide the question of right, title or interest in any land or immoveable property vested or deemed to have been vested in the panchayat. Therefore, in case of a dispute about the right, title or interest in any land for or on behalf of any person, the remedy under the 1961 Act alone can be exercised. This will include right, title or interest in all the three categories of land i.e., shamilat deh owned by panchayat, shamilat land vested in terms of 1948 Act falling in second category and the land, the management and control whereof is vested with the panchayat, land being within the permissible limits of the proprietor, the management and control of which vest with the panchayat.

108Copy pinpoint108. Consequently, we hold that Act No. 9 of 1992, the Amending Act is valid and does not suffer from any vice of constitutional infirmity. The entire land reserved for common purposes by applying pro-rata cut had to be utilized by the Gram Panchayat for the present and future needs of the village community and that no part of the land can be re- partitioned amongst the proprietors.

109Copy pinpoint109. With the aforesaid discussion and findings, the appeals filed by the State and panchayats are allowed and those filed by the proprietors are dismissed. Consequently, the writ petitions filed before the High Court H shall also stand dismissed.

THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 983 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

GLOSSARY OF THE WORDS USED IN THE JUDGMENT A

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THE STATE OF HARYANA THROUGH SECRETARY TO GOVT. OF 985 HARYANA v. JAI SINGH & ORS. [HEMANT GUPTA, J.]

23. Marla 30.25 sq. yards A

24. kanal 20 marlas = 605 sq. yards

25. Acre 160 marlas = 4840 sq. yards Pukhta Kachcha

26. Biswani 7.5625 sq. yards 2.521 sq. yards

27. Biswa 151.25 sq. yards 50.42 sq. yards

28. Bigha 3025 sq. yards 1008.33 sq. yards Acre 5 Bighas 12 Biswa 4 Bigha 75 Biswa B

30. Hadbast Boundary of a village or revenue estate. Each village or revenue estate is assigned a separate Hadbast number.

31. Rectangle/Mushtatil The land is divided into different rectangles/Mushtatils. The rectangle is represented by (//) in the revenue record. Each Mushtatil contains 25 Khasra Numbers with C Khasra No. 13 being in the center. The holding of the land owner is represented by the rectangle/ Mushtatil number, followed by the Khasra number and the area of each khasra number

32. Khasra number Khasra number is given to a specific piece of land in the village. One or more Khasra form a D khatauni, one or more Khatauni form a Khewat. The Khasra numbers in a khatauni may or may not be mentioned sequentially.

Bibhuti Bhushan Bose Matters disposed of. (Assisted by : Deepak Panwar, LCRA) E