C.R.THAKUR, T.U.MEHTA
GRAM PANCHAYAT KHUNYARA – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent
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
1. Madras Central Urban Bank Ltd. v. Corporation of Madras
3. Bisbwanath Sao v. Official Receiver. State of U. P. v. Raja Anand Brahma Shah
4. Gulabbhai Vallabbbhai Desai v. Union of India. AIR 1967 SC 1110.
7. Janu Chandra Waghmare v. State of Maharashtra. AIR 1978 Bom. 119.
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