‘SHAMLAT DEH’ LAND RIGHTS

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Context: The Supreme Court has allowed a review of its 2022 judgement on 'shamlat deh' land rights, a common land created by multiple landowners for the common purposes of a village's people.

Details

• The Supreme Court has permitted the review of its 2022 ruling concerning 'shamlat deh' land, which refers to village common land contributed by multiple landowners for the communal benefit of the village. This decision holds significance in protecting the rights of village landowners, particularly in Haryana, and highlights the complex legal nuances surrounding land acquisition and management by gram panchayats.

Overview of the Case

• Previous Ruling (2022): The 2022 judgement upheld a 1992 amendment to the Punjab Village Common Lands (Regulation) Act, 1961, allowing gram panchayats to control and manage shamlat deh land.
• Review Petition: A recent Supreme Court Bench decided to review this judgement after observing that it overlooked a crucial Constitution Bench decision in Bhagat Ram v/s State of Punjab (1967).

Important Case

Bhagat Ram Case (1967)

• This landmark case clarified the distinction between land acquisition by the state and the modification or extinguishment of land rights under Article 31A of the Constitution.
• It emphasised that when land rights are modified or extinguished, compensation must be provided to landowners.

Jai Singh Case (2003)

• The Punjab & Haryana High Court addressed the 1992 amendment, ruling that gram panchayats cannot acquire shamlat deh land contributed by individual landowners without compensation. This decision was overruled by the Supreme Court in 2022.

Conclusion

• The decision to review the Supreme Court's 2022 judgement on 'shamlat deh' land rights highlights the judiciary's commitment to upholding constitutional principles and protecting the rights of landowners.

Source:

Indian Express