AIR 1995 PUNJAB AND HARYANA 243 ::1995 (1) RevLR 238 ::1995 RevLR 1 238 ::1995 Punj LJ 83 ::(1995) ILR 2 P&H 63 ::(1995) 109 Pun LR 614 ::1995 HRR 69 ::(1995) 1 LandLR 561 ::(1995) 1 RentLR 535 ::(1996) 1 CurLJ(CCR) 5

Punjab And Haryana High Court

Hon'ble Judge(s): Man Mohan Singh Liberhan, Amarjeet Chaudhary, Harjit Singh Bedi , JJJ

(A) Punjab Village Common Lands (Regulation) Act (18 of 1961) , S.2(g)(4), S.2(g)(6)— Amended definition of Shamlat Deh - Amounts to acquisition of land without compensation - Violates Art.31A of Constitution. Constitution of India , Art.31A— S.2(g)(4) and S.2(g)(6) of the Act of 1961 describes the land reserved for common purpose under Consolidation of Holdings Act, 1948 by application of pro rata cut to the holdings of the land within their ceiling limits as Shamlat Deh and since these lands have been vested in the panchayat the action is in violation of Art. 31A. Since definitions by Section 2(g) (4) and 2(g)(6) are so intermingled that no part can be segregated and held ultra vires and these Sections having categorically transgressed the powers of the State for acquisition of land without compensation, these provisions cannot stand the test of constitutionality.(Para 60) Law made in violation of Art.31A of the Constitution is not protected by the legislation except when it is protected under Art.3l B of the Constitution by placing it in the 9th Schedule, thus, constitutionally the State can acquire land of a person within ceiling limits only on payment of its full market value. This does not merely amounts to a prohibition but also confers on the citizens a right to hold land within the ceiling limits. Furthe....