State Of Himachal Pradesh vs Tarsem Singh And Others

The Supreme Court held that under Section 3 of the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, only the rights, title, and interests in the land vested in the State, while the easementary rights of the village community for grazing and other common purposes were not extinguished. The Court affirmed the High Court's decision that the State has no authority to interfere with the community's easementary rights, thereby upholding the trial court's decree in favor of the respondents. The judgment clarifies the distinction between 'right in the land' and 'right over the land'.