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V. N. KHARE, J.

A large tract of land in village Kungrat, Tehsil and District Una was shamilat land. The proprietors of village Kungrat reserved certain area in Shamilat land for grazing purposes and other such common purposes. Subsequently, the village was partitioned and divided into 14 sub-divisions called Majras. The land measuring 451 kanals 19 marlas which was a shamilat land and used for grazing purposes fell in Majra Dughe. The said pasture land was used by the village community for grazing their cattles. Subsequently, under the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter called the 'Punjab Act'), the said land came to be vested in the Gram Panchayat. However, the village community of Majra Dughe continued to exercise their right of grazing and other such right over the said pasture land. Thereafter, the State of Himachal Pradesh passed an Act known as 'The Himachal Pradesh Village Common Lands Vesting and Utiilization Act, 1974' (hereinafter referred to as the 'Act). Under Section 3 of the Act, all rights, title and interests in the land in any estate vested in Panchayat under Section 4 of the Punjab Act vested in the State free from all encumbrances. It is at this stage, the plaintiff-respondents herein, who are the residents of Majra Dughe brought a suit in a representative capacity on behalf of all the residents of the village for declaration that the land in dispute is being used for grazing cattle, cutting fuel wood and for other common purposes and thus it is their easementary right and the defendant- appellant be restrained from interfering in their rights and enjoyment of the said land. The appellant herein, contested the suit. However, the trial court decreed the suit. The appeal preferred by the appellant was substantially dismissed. The High Court also dismissed the second appeal preferred by the appellant. The view taken by the High Court was that under Section 3 of the Act, only the interest and right in the land would vest in the State and easementary right of grazing being over the land the same has not vested in the State under Section 3 of the Act. In that view of the matter, the State has no authority to interfere with the easementary right of the village community. It is against the said judgment of the High Court, this appeal has been preferred.

shall stand extinguished and all such rights, title and interests shall vest in the State Government free from all encumbrances."

A perusal of Section 3 of the Act would show that all interests, title and rights in the land vested in the Gram Panchayat stood extinguished and came to be vested in the State free from all encumbrances. The question arises whether easementatry right, namely, grazing right and such other rights also came to be vested in the State along with right in the land. Learned counsel for the respondents relying upon a decision in Megh Raj and another vs. Allah Rakhia and others (supra) referred to Entry 21 of List II of Seventh Schedule to Government of India Act, 1935 and Entry 18 of List II of Seventh Schedule of Constitution of India, which run respectively as under:

For the aforesaid reasons, we hold that under Section 3 of the Act, all rights, title and interests including the easementary rights stood extinguished and all such rights, title and interests vested in the State free from all encumbrances.

Before we part with the case, we cannot overlook the interest of the plaintiff-respondents herein. It is not disputed that the land in dispute is a pasture land and is being used for grazing. Section 8 of the Act provides the purpose for which land vested in the State Government can be utilised. One of the purposes for which such land can be utilised is for grazing the cattles and the State Government is required to allot the same as pasture land. If the purpose of vesting is to provide land to village community for grazing, there is no reason why the land be not be used as a pasture land for grazing. However, we leave this question open to be decided by the State government.