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2001 Supreme(SC) 1213

V.N.KHARE, B.N.AGARWAL
State Of H. P. – Appellant
Versus
Tarsem Singh – Respondent


JUDGMENT

V.N. Khare, J.-A large tract of land in village Kungrat, Tehsil and District Una was shamilat land. The proprietors of village Kungrat reserved certain area in Shamilat land for grazing purposes and other such common purposes. Subsequently, the village was partitioned and divided into 14 sub-divisions called Majras. The land measuring 451 kanals 19 marlas which was a shamilat land and used for grazing purposes fell in Majra Dughe. The said pasture land was used by the village community for grazing their cattles. Subsequently, under the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter called the Punjab Act ), the said land came to be vested in the Gram Panchayat. However, the village community of Majra Dughe continued to exercise their right of grazing and other such right over the said pasture land. Thereafter, the State of Himachal Pradesh passed an Act known as The Himachal Pradesh Village Common Lands Vesting and Utilization Act 1974 (hereinafter referred to as the Act ). Under Section 3 of the Act, all rights, title and interests in the land in any estate vested in Panchayat under Section 4 of the Punjab Act vested in the State free from all encumbra



























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