The Aryavarth Express
Agency(New Delhi): On May 16, the Supreme Court recalled an earlier judgment from 2022, recognizing that it had neglected a significant precedent established by the Constitution Bench in the case of Bhagat Ram & others vs. State of Punjab & others (AIR 1967 SC 927). The recalled judgment was identified as “JUR.”
A bench comprising Justices BR Gavai and Sandeep Mehta noted that the 2022 ruling suffered from an error apparent on the face of the record as it failed to consider the law laid down by the Constitution Bench in Bhagat Ram. The Court reiterated that if there is surplus land after providing land to the panchayat for common purposes, such land should vest with the proprietor, not the state government or panchayat.
The Bhagat Ram case established that vesting surplus land with the state government for panchayat income, without compensation, constitutes compulsory acquisition and violates the second proviso to Article 31-A of the Constitution. This surplus land must instead vest with the proprietor.
Furthermore, the Bhagat Ram decision clarified that under Section 24 of the Haryana Village Common Lands (Regulation) Act, 1961, the management and control of surplus land do not vest in the panchayat until possession changes, as specified in Section 23-A of the Consolidation Act. Therefore, until the panchayat takes possession, management and control remain with the proprietor.
In the 2022 JUR judgment, the Supreme Court diverged from Bhagat Ram by stating that land reserved for common purposes cannot revert to proprietors for redistribution, even if not currently in common use. This departure prompted the review and recall of the judgment, as ignoring the established law by the Constitution Bench constituted a material error.
The Supreme Court allowed the review petition and directed that the appeal be listed for hearing on August 7, 2024, at Serial No. 1.
