Supreme Court Revisits Vesting of Common Lands: 'Management and Control Do Not Vest in Panchayat Until Possession Changes' - Review Petition Allowed"

On 16 May 2024, Supreme Court has allowed a review petition challenging its judgment dated 7th April 2022, which concerned the vesting and management of lands reserved for common purposes under the consolidation scheme. The Court acknowledged an oversight in failing to consider binding precedents and consistent High Court rulings.

The review petition was filed by Karnail Singh, contesting the Supreme Court's previous decision that overturned a Full Bench judgment of the Punjab and Haryana High Court.

The core issue revolved around the interpretation and applicability of Article 31-A of the Constitution of India, specifically related to lands reserved for common purposes under consolidation schemes.

The petitioner argued that the judgment contravened Constitution Bench judgments in Bhagat Ram, Ranjit Singh, and Ajit Singh.

The Court emphasized the limited scope of review jurisdiction, permitting reviews only for apparent mistakes or errors on record.

"Review is not equivalent to the original hearing and is not maintainable for repetition of old arguments or minor mistakes." [Paras 12-14]

The Court revisited key precedents in Bhagat Ram, Ranjit Singh, and Ajit Singh, underscoring that management and control of common lands do not vest in the Panchayat until possession changes under Section 24 of the Consolidation Act.

"Till possession has changed under Section 24, the management and control do not vest in the Panchayat under Section 23-A." [Paras 22-58]

The Supreme Court noted that the Full Bench of the High Court in Jai Singh II consistently held that unutilized land remains vested with the proprietors.

"Ignoring consistent High Court rulings and the doctrine of stare decisis undermines legal stability and the soundness of the original judgment." [Paras 59-67]

Decision: The Supreme Court allowed the review petition, recalling the judgment and order dated 7th April 2022.

The appeal has been restored and is scheduled for a peremptory hearing on 7th August 2024.

Date of Decision: 16th May 2024

Karnail Singh vs. State of Haryana & Ors.