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december 1966

Supreme Court of India · 1966-12-02

BHAGAT RAM & ORS. vs STATE OF PUNJAB & ORS.

Citation / case number
SC 1966/60220
Court
Supreme Court of India
Petitioner
BHAGAT RAM & ORS.
Respondent
STATE OF PUNJAB & ORS.
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court examined the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, and held that a scheme reserving land for the income of the Panchayat is contrary to the second proviso of Article 31A(1) of the Constitution, as the beneficiary is the Panchayat, which qualifies as 'State' under Article 12. The Court clarified that the repartition under Section 21 does not constitute 'acquisition' as defined by the second proviso, since management and control do not vest in the Panchayat until possession changes. Consequently, the scheme must be modified to comply with constitutional provisions, and compensation must be paid at market value for land reduced below the legal ceiling.

BHAGAT RAM & ORS. vs STATE OF PUNJAB & ORS. · Niyam