Shamilat Deh Land Dispute: Supreme Court’s Review Judgment on Haryana Village Common Lands

The case of Karnail Singh vs. State of Haryana & Ors. concerned the legal status of ‘Shamilat Deh’ lands in Haryana. The Supreme Court was asked to review its earlier ruling that upheld the Haryana government’s claim over certain village common lands. The review petition challenged the interpretation of land ownership laws and the state’s right to take control of lands historically owned by villagers.

Background of the Case

The dispute arose when Haryana amended its Village Common Lands (Regulation) Act, 1961, expanding the definition of ‘Shamilat Deh’ to include lands reserved under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. The amendment led to numerous legal challenges, as landowners argued that the changes amounted to an unconstitutional taking of private land.

Read also: https://judgmentlibrary.com/punjab-and-haryana-high-courts-jurisdiction-in-second-appeals-supreme-courts-landmark-ruling/

In 2003, a Full Bench of the Punjab and Haryana High Court ruled that lands which had been contributed by proprietors but not specifically earmarked for common use should remain with the original owners. However, the Supreme Court later overturned this decision in 2022, prompting landowners to file a review petition.

Key Legal Issues

• Whether Haryana’s 1992 amendment to the Village Common Lands Act was constitutional.
• Whether lands contributed by proprietors but not explicitly used for common purposes should vest in the state or remain with the original owners.
• Whether the earlier Supreme Court ruling failed to consider key precedents.

Petitioners’ Arguments

The petitioners, represented by Senior Counsel Narender Hooda, argued:

• The 2022 ruling ignored key judgments, including Bhagat Ram vs. State of Punjab, which held that land not specifically earmarked for common use should not vest in the state.
• The ruling contradicted Ajit Singh vs. State of Punjab, which established that proprietors retain rights in land set aside for village use.
• The judgment failed to consider the principle of stare decisis, overturning settled precedents and affecting thousands of land transactions.
• The state could not claim ownership over lands merely because they had been set aside for potential future use.

Respondents’ Arguments

The State of Haryana defended the ruling, asserting that:

• The amendment lawfully transferred ownership of these lands to the Gram Panchayat.
• The lands were always meant for public use, even if they had not been formally developed.
• The Supreme Court’s 2022 decision correctly interpreted the legislative intent behind the amendments.
• Review petitions should not be used to reargue cases already decided.

Supreme Court’s Ruling

The Supreme Court found that its 2022 judgment had overlooked key constitutional and legal principles:

• The court reaffirmed that lands contributed by proprietors but not earmarked for specific village purposes should not automatically vest in the Gram Panchayat.
• The ruling in Bhagat Ram was incorrectly disregarded in the 2022 judgment, requiring a re-examination of the case.
• The doctrine of stare decisis was ignored, disrupting established legal interpretations.
• The matter needed further review, leading the court to restore the appeal for a fresh hearing.

Conclusion

The Supreme Court’s review judgment underscores the complexities of land tenure laws in Haryana and Punjab. By recalling its 2022 ruling and reinstating the appeal, the Court has opened the door for a more detailed examination of the rights of landowners and the scope of government authority over village lands.

Read also: https://judgmentlibrary.com/supreme-court-quashes-kolkata-municipal-corporations-acquisition-of-property-under-section-352/

Petitioner Name: Karnail Singh.
Respondent Name: State of Haryana & Ors..
Judgment By: Justice B.R. Gavai, Justice Sandeep Mehta.
Place Of Incident: Haryana.
Judgment Date: 16-05-2024.

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