SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1978 Supreme(HP) 21

C.R.THAKUR, T.U.MEHTA
GRAM PANCHAYAT KHUNYARA – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For Petitioners, M/s M. L. Sethi, Indar Singh. S. S. Ahuja, P. N. Nag, B. B. Vaid, Bhawani Singh, Chhabil Dass. R. K. Sharma, L. S. Panta, J. R. Thakur. O. P. Sharma, K. D. Sud. Kedar Ishwar and H. K. Bhardwaj, Advocates. For Respondents, Advocate General Shri M. G. Chitkara. J. Dina Nath, H. K. Paul and Miss Kamlesh Sharma, Advocates.

JUDGMENT

T. U. Mehta, Actg. C. J.—In all these writ petitions the petitioners have challenged the vires of sections 3 and 8 of the enactment called The Himachal Pradesh Village Common Lands Vesting and Utilisation Act, 1974 (Act 18 of 1974), which is hereinafter referred to as the impugned Act. According to the petitioners, sections 3 and 8 of this Act are violatory of the Constitutional provisions and beyond the competence and authority of Himachal Pradesh State Legislature. They have also challenged the vesting of certain lands under this Act as violating Articles 19 and 31 of the Constitution.

2. In order to understand the nature of the pleas raised by the parties, it would be necessary to state shortly the relevant provisions of the impugned Act.

3. This Act is passed with a view to provide for vesting and utilization of village common lands in the State of Himachal Pradesh. The object of the Act as is apparent from section 8 thereof, is that the common lands which vest in the Government under section 3 of the impugned Act should be utilized for grazing and other common purposes for the inhabitants of the State as well as for allotement to a landless person or a person whose hold

















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top