STATE OF H.P. vs TARSEM SINGH

The Supreme Court upheld the High Court's decision that the easementary rights of the village community over grazing land were not extinguished by the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, despite the land's title vesting in the State under Section 3 of the Act. The Court clarified that 'right in the land' and 'right over the land' are distinct, and only the former vested in the State, leaving the easementary rights intact. Consequently, the appeal by the State was dismissed, affirming the community's rights to use the land for grazing and other common purposes.