SC recalls 2022 order on redistribution, sale of village common land in Haryana

A bench of justices Bhushan R Gavai and Sandeep Mehta held the ruling by a two-judge bench did not adhere to the principles established by a constitution bench

The Supreme Court on Thursday recalled its April 2022 judgment concerning the redistribution and sale of village common land (shamilat deh) in Haryana in a crucial legal reversal that would prevent the state government from reclaiming thousands of acres of common land in panchayats and areas under urban local bodies. The owners contribute to the common land pool according to a pro rata cut of their individual land holdings.

The Supreme Court (ANI)

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A bench of justices Bhushan R Gavai and Sandeep Mehta held that the April 2022 ruling by a two-judge bench did not adhere to the principles established by a constitution bench in the landmark Bhagat Ram & Others Vs State of Punjab & Others (1967) case.

“We find that ignoring the law laid down by the constitution bench of this court in Bhagat Ram and taking a view totally contrary to the same itself would amount to a material error, manifest on the face of the order. Ignoring the judgment of the constitution bench, in our view, would undermine its soundness,” said the bench while allowing a review petition against the previous judgment.

The 2002 judgment declared that thousands of acres of shamilat deh land sold by shareholders or gram panchayats for monetary gains should be reclaimed. The judgment emphasised that this land, reserved for common purposes, must be utilised by the gram panchayat for the present and future needs of the village community. “No part of the land can be re-partitioned amongst the proprietors and such land would not be available for sale,’’ the court ruled in 2022, adding that the land, once put into a common pool by applying a pro-rata cut, would irrevocably vest in the panchayat, which would manage and control it for community use.

The Thursday verdict by the Supreme Court, however, highlighted how the 2022 judgment failed to follow the precedent set by the Bhagat Ram case in 1967. The 1967 judgment by a five-judge bench held that lands, which have not been earmarked for any common purpose, would not vest in the gram panchayat or the state government but continue to vest with the proprietors.

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The constitution bench added that until possession of the land changes, not only does the management and control not vest with the state government but the rights of the holders are not modified or extinguished.

But in the 2022 judgment, the bench held on Thursday, “there is not even a whisper about the constitution bench judgment in Bhagat Ram” leading to a conclusion “totally contrary” to the larger bench verdict.

The Supreme Court’s decision to recall the 2022 judgment reaffirmed the necessity of adhering to constitutional principles and legal precedents. Allowing the review petition, the bench recalled the 2022 judgment and fixed the matter for a re-hearing in August when the court would examine Haryana government’s challenge to a 2002 judgment by the Punjab and Haryana high court. The state was aggrieved by the finding that unutilised land was available for redistribution amongst the proprietors.

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In the wake of the April 2022 judgment, the Haryana government proceeded to reclaim common land by ousting their owners.