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1995 Supreme(P&H) 99

HARJIT SINGH BEDI, M.S.LIBERHAN, AMARJEET CHAUDHARY
Jain Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

M.S.LIBERHAN, J.

1. Petitioner challenged the provisions of Sections 2, 3 and 5(1) of the Punjab Village Common Lands (Regulations) Haryana Amendment Act, 1991 (Act No. 9 of 1992) hereinafter referred to as Act of 1992, as ultra vires of the Constitution of India.

2. Succinctly, the grounds of the challenge put forth by various counsel for the petitioners in the writ petitions run as under:-

(i) There is no assent of the President of India for the Act of 1992; (ii) Under the East Punjab Consolidation of Holdings Act, 1948 (Hereinafter referred to as the Consolidation Act lands were reserved for common purposes by imposing a proportional cut in the holdings of the proprietors from their lands within the ceiling limits and the management of such land vested in the Gram Panchayats or the State under the Consolidation Act. Now by virtue of the Act of 1992, title, interest, vests in the Gram Panchayat. It divests the petitioners of their proprietary rights i.e. title and interest, without any compensation either paid or provided for under the Act of 1992. Holding of land up to the ceiling limits has been rendered illusory. Thus, the Act of 1992 is ultra vires Art. 31A of the Con





































































































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