Common Grazing Land Dispute: Supreme Court Upholds Vesting in State

The Supreme Court of India, in the case of Chattar Singh & Others vs. Madho Singh (D) & Others, ruled on the ownership of ‘Charnoi’ (common grazing land) and whether such land vested with the State after the abolition of Zamindari under the Madhya Bharat Zamindari Abolition Act. The Court held that common grazing land, being meant for the benefit of the entire village, automatically vested in the State and could not be retained by individual proprietors.

Background of the Case

The case pertained to a land dispute concerning approximately 72 Bighas and 18 Biswas of land recorded as ‘Charnoi’ (common land for grazing cattle) in the revenue records. The plaintiffs (respondents) filed a suit for declaration and permanent injunction, asserting that the land had always been used for village grazing purposes and had been wrongly allotted to the defendants.

However, the defendants, legal heirs of an ex-Zamindar, contended that the land was originally in the name of their predecessor before the abolition of Zamindari. They argued that the land should be treated as a ‘grove’ and thus exempt from vesting in the State under Section 5(f) of the Madhya Bharat Zamindari Abolition Act.

Legal Issues Considered

Whether the land recorded as ‘Charnoi’ vested in the State after Zamindari abolition.
Whether the land could be considered a ‘grove’ and thus exempt from vesting under Section 5(f).
The validity of the orders passed by the Revenue Board, Collector, and lower courts.

Lower Court Findings

The Trial Court ruled in favor of the villagers, holding that the land had always been recorded as ‘Charnoi’ and was meant for public use. The Court noted:

“Entries prior to the abolition clearly record the land as Charnoi, and subsequent records also maintain this classification.”

However, the First Appellate Court reversed the decision, holding that the land was a grove and was exempt under Section 5(f). This decision was based on the assertion that the land had over one lakh Sitafal (custard apple) trees, making it a grove rather than common grazing land.

The matter then proceeded to the High Court.

High Court’s Judgment

The High Court overturned the First Appellate Court’s ruling, restoring the Trial Court’s decision. It ruled that:

The land had always been recorded as ‘Charnoi’ in revenue records.
‘Charnoi’ land, being for public use, could not be claimed by an individual.
The argument that the land had become a grove due to trees did not change its primary use.

The High Court concluded:

“Village grazing land is meant for public use, and its vesting in the State was automatic under Section 4(1)(a) of the Madhya Bharat Zamindari Abolition Act.”

Supreme Court’s Analysis and Judgment

The Supreme Court examined the historical land records and legal provisions governing Zamindari abolition. It noted that Section 4(1)(a) of the Madhya Bharat Zamindari Abolition Act clearly states that all common lands, including grazing lands, vest in the State automatically upon Zamindari abolition.

The appellants relied on the judgment in Shrimant Sardar Chandrojirao Angre vs. State of Madhya Pradesh (1968), arguing that the presence of trees made the land a grove. However, the Supreme Court distinguished that case, holding:

“Groves must be of such trees that when fully grown, they preclude the land from being used for any purpose other than as a grove. Charnoi land, even with trees, remains primarily for grazing and thus vests in the State.”

The Court also observed:

The Collector’s order of 1968, granting the land to the Zamindar’s heirs, was unlawful.
The land had never been in personal cultivation before Zamindari abolition.
There was no statutory exemption that could save this land from vesting.

Accordingly, the Supreme Court dismissed the appeal and upheld the High Court’s ruling, confirming that the land was common property meant for village grazing and could not be claimed by individuals.

Key Takeaways from the Judgment

Common Grazing Land Automatically Vests in the State: The ruling reinforces that ‘Charnoi’ land is public land and not available for individual claims.
Groves Must Satisfy Strict Legal Tests: Land cannot be classified as a ‘grove’ merely due to the presence of trees; its primary use determines its classification.
State’s Right Over Public Land: The judgment confirms that common land meant for public use cannot be converted into private land by former Zamindars.
Invalidation of Unauthorized Land Grants: Revenue authorities cannot grant common land to private individuals, and any such grant can be challenged in court.

Conclusion

The Supreme Court’s ruling in Chattar Singh & Others vs. Madho Singh (D) & Others sets a critical precedent in land disputes involving public grazing land. By upholding the State’s right over ‘Charnoi’ land, the judgment ensures that common resources remain protected for community use. The case reinforces the fundamental principle that public land meant for communal benefit cannot be privatized, even through long-standing occupancy claims.

Petitioner Name: Chattar Singh & Others.
Respondent Name: Madho Singh (D) & Others.
Judgment By: Justice Arun Mishra, Justice Navin Sinha.
Place Of Incident: Madhya Pradesh.
Judgment Date: 06-02-2019.

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