Mr. Rajive Bhalla, J.: - This order shall dispose of CWP Nos. 3068 of 2008, 7193, 9118 13652, 19726 of 2009, 640, 987, 1055, 1759, 2026, 3003, 3232, 3582,3823, 3824, 4197,4469, 4545, 4642, 4722, 4983, 5031, 5442, 5457, 5589, 6516, 6562, 6599, 6621, 8480, 8932, 10020, 13590 and 16928 of 2010 as they involve adjudication of similar questions of law. Facts necessary for adjudication of these writ petitions are being taken from CWP No.13652 of 2009.

2. The petitioners who are inhabitants of different villages impugn the proposal of their Gram Panchayats to auction land reserved as pastures/grazing grounds for the purpose of cultivation. The petitioners, in essence, contend that as this land was reserved as a pasture pursuant to a scheme prepared under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as “the Consolidation Act”) and as neither the Consolidation Act nor the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as “the 1961 Act”) empower a Gram Panchayat to change its user, land reserved as grazing grounds/pastures cannot be auctioned for the purpose of cultivation.

3. Counsel for the petitioners submits that the State of Haryana is an agrarian State. A significant segment of its rural population depends upon farm animals like cows, buffaloes and goats, for their livelihood. Large tracts of land, recorded in the revenue record as “Charand”, are reserved in each revenue estate, for grazing of farm animals. An inhabitant of a village irrespective of his status, is entitled to graze his cattle in these pastures. In the absence of any statutory power, a Gram Panchayat can not be allowed to alter the user of land reserved as pastures for other purposes, including cultivation.

4. Counsel for the petitioners further submits that 160 Acres of land was reserved, for the purpose of Gau Charand (Pasture) during consolidation. Though, ownership of this land vests in the Gram Panchayat, but the right so vested is subject to the right of inhabitants, of the village, to graze, their cattle. The Gram Panchayat’s attempt to auction this land for cultivation would deprive the inhabitants of the village of their right to graze cattle and extinguish these rights.

5. Counsel for the petitioners submits that the expression “common purposes” is defined under Section 2(bb) of the Consolidation Act to include land reserved for grazing grounds. During consolidation, a scheme is prepared, which has the force of law. Sections 18 and 23-A of the the Consolidation Act require a consolidation officer to reserve land for “common purposes”. Section 23-A(b) of the Consolidation Act provides that land so reserved, except where the land vests in the State Government, shall vest in the Panchayat of that village, subject to the rights of common user assigned during consolidation. The “common purpose” assigned to “common land” under the Consolidation Act, pursuant to a scheme, cannot be altered as neither the Consolidation Act nor the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as `the 1961 Act’), contains any statutory provision empowering a Gram Panchayat to do so. The Gram Panchayat, therefore, cannot be allowed to auction land reserved as a grazing ground for the purpose of cultivation.

6. It is further submitted that though Section 5 of the 1961 Act, provides for regulation of use and occupation of lands vested or deemed to have vested in a Gram Panchayat it does not empower a Gram Panchayat to alter the user of common land. The procedure for utilisation and disposal of land is “prescribed” by Rules 3 and 8 of the Punjab Village Common Lands (Regulation) Rules, 1964 (hereinafter referred to as `1964 Rules’). Rule 3 (1) of the 1964 Rules provides that a Panchayat shall prepare a land utilisation plan for the land in Shamilat Deh and subject to its approval by the Panchayat Samiti and the Government, a Gram Panchayat may make use of