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1998 Supreme(SC) 1287

K.T.THOMAS, S.S.MOHAMMED QUADRI
State of Haryana – Appellant
Versus
Jai Singh – Respondent


ORDER :

K.T. Thomas, J. - This appeal at the instance of the State of Haryana is directed against the judgment and order of a Full Bench of the Punjab and Haryana High Court dated 18.1.1995 reported in Jai Singh and others v. State of Haryana and others, 1995 (Vol. 1), Punjab Law Reporter 614 : 1995(1) RRR 623 (P&H).

2. We need not stretch the canvass wide matching with the lengthy judgment of the Full Bench as it itself has summed up the main controversy in para 60 of its judgment. The said paragraph is worth reproduction :

    "In view of the observations cited above, Sections 2(g)(4) and 2(g)(6) of the Act of 1961 describe the land reserved for common purposes under Consolidation of Holdings Act, 1948 by application of pro rata cut to the holdings of the land owners within their ceiling limits as shamlat deh under the Act of 1961 and since these lands have been vested in the Panchayat the action is in violation of Article 31-A. Since definitions by Section 2(g)(4) and 2(g)(6) are so intermingled that no part can be segregated and held ultra vires and these sections having categorically transgressed the powers of the State for acquisition of land without compensation, these provisions

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