Judgment

SIKRI, J. (For himself, Subba Rao, CJI. and R. S. Bachawat, J.): This is a petition under Art. 32 of the Constitution challenging the scheme made in respect of the con solidation of village Dolike Sunderpur. We have to-day delivered judgment in Ajit Singh v. State of Punjab, Civil Appeal No. 1018 of 1966, D/- 2-12-1966: and most of the points in this appeal are covered by the decision in that case. Two points remain to be dealt with in this case.

2. The first question that arises is whether the scheme in so far as it makes reservations of land for income of the Panchayat is hit by the second proviso to Art. 31-A. The scheme reserves lands for phirni, paths, agricultural paths, manure pits, cremation grounds, etc., and also reserves an area of 100 kanals 2 marlas (standard kanals) for income of the Panchayat. We have already held in Ajit Singh s case, Civil Appeal No. 1018 of 1966, D/- 2-12-1966: that acquisition for the common purposes such as phirnis, paths, etc., is not acquisition by the State within the second proviso to Art. 31A. But this does not dispose of the question whether the reservation of land for income of the Panchayat is acquisition of land by the State with