Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Land reserved for common purposes cannot be re-partitioned amongst the proprietors Common purposes Material error apparent/ manifest on the face of the order/record Review “shamilat deh” Common pool of land Unutilized land not available for redistribution amongst the proprietors Vesting in the Panchayat Reserved Land not put to common use Scope of review jurisdiction Constitution Bench judgment ignored Miscarriage of justice View contrary to Constitution Bench judgment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution (seventeenth Amendment) Act, 1964 (17 of 1964) Haryana Village Common Lands (regulation) Act (18 of 1961) East Punjab Holdings (consolidation and Prevention of Fragmentation) Act, 1948 (50 of 1948) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 |
Case Type | Review Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Judgment and order under review ignored the law laid down by the Constitution Bench in Bhagat Ram & others vs. State of Punjab & others which had a direct bearing on the issue in question and took a view totally contrary thereto and held that the vesting in the Panchayat is complete on mere assignment under Section 18(c) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. It was also held that the unutilized land was not available for redistribution amongst the proprietors and the land reserved for common purposes cannot be re-partitioned amongst the proprietors only because at a particular given time, the land so reserved was not put to common use and; once the land has been reserved for common purposes, it cannot be reverted to the proprietors for redistribution. Ignoring the law laid down by the Constitution Bench in Bhagat Ram and taking a contrary view, if would amount to a material error, manifest on the face of the order. Also, non-consideration of the reasoning given by the Full Bench of the High Court in Jai Singh II relying on the judgment of the Constitution Bench in Bhagat Ram, if would also amount to an error, apparent on the face of the record.HeadnotesHaryana Village Common Lands (Regulation) Act, 1961 – Subclause (6) to s.2(g) and its explanation, as inserted by Haryana Act No.9 of 1992 – East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 – ss.18(c), 23-A, 24 – Judgment under review (JUR), ignoring the law laid down by the Constitution Bench in Bhagat Ram & others vs. State of Punjab & others, took a view contrary thereto, if the same would amount to a material error manifest on the face of the order and needs to be recalled. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2024 INSC 424 |
Petitioner | Karnail Singh |
Respondent | State Of Haryana & Ors. |
SCR | [2024] 6 S.C.R. 894 |
Judgement Date | 2024-05-16 |
Case Number | 526 |
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