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Counsel for the petitioners further submits that 160 Acres of land was reserved, for the purpose of Gau Charand (Pasture) during consolidation. Though, ownership of this land vests in the Gram Panchayat, but the right so vested is subject to the right of inhabitants, of the village, to graze, their cattle. The Gram Panchayat's attempt to auction this land for cultivation would deprive the inhabitants of the village of their right to graze cattle and extinguish these rights.

Counsel for the petitioners submits that the expression "common purposes" is defined under Section 2(bb) of the Consolidation Act to include land reserved for grazing grounds. During consolidation, a scheme is prepared, which has the force of law. Sections 18 and 23-A of the the Consolidation Act require a consolidation officer to reserve land for "common purposes". Section 23-A(b) of the Consolidation Act provides that land so reserved, except where the land vests in the State Government, shall vest in the Panchayat of that village, subject to the rights of common user assigned during consolidation. The "common purpose" assigned to "common land" under the Consolidation Act, pursuant to a scheme, cannot be altered as neither the Consolidation Act nor the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as `the 1961 Act'), contains any statutory provision empowering a Gram Panchayat to do so. The Gram Panchayat, therefore, cannot be allowed to auction land reserved as a grazing ground for the purpose of cultivation.

It is further submitted that though Section 5 of the 1961 Act, provides for regulation of use and occupation of lands vested or deemed to have vested in a Gram Panchayat it does not empower a Gram Panchayat to alter the user of common land. The procedure for utilisation and disposal of land is "prescribed" by Rules 3 and 8 of the Punjab Village Common Lands (Regulation) Rules, 1964 (hereinafter referred to as `1964 Rules'). Rule 3 (1) of the 1964 Rules provides that a Panchayat shall prepare a land utilisation plan for the land in Shamilat Deh and subject to its approval by the Panchayat Samiti and the Government, a Gram Panchayat may make use of the land for common purposes set out in Rule 3(2) of the 1964 Rules. The common purposes set out in Rule 3(2) have to be read with Section 2(bb), Section 18 and Section 23-A of the Consolidation Act, Rule 3 (2)(i) and Rule 8 of the 1964. The latter rules require a Gram Panchayat to reserve land for grazing grounds. A parcel of land already reserved for a grazing ground cannot be diverted to another use by resort to the provisions of Sections 5, 5-A of the 1961 Act and Rules 3 and 8 of the 1964 Rules. In support of these arguments,counsel for the petitioners rely upon Rule 8 of the 1964 Rules to urge that as Rule 8 requires a Gram Panchayat to reserve land for pastures for grazing of cattle the land already reserved as a pasture cannot be diverted to cultivation by resort to Sections 5, 5-A of the 1961 Act or Rule 3 of the 1964 Rules. It is further submitted that though the third proviso to Section 5 of the 1961 Act empowers a Gram Panchayat to reserve Shamilat Deh for settlement of landless tenants and other tenants ejected or to be ejected of that village, it does not empower a Gram Panchayat to alter the nature or the user of land reserved for Charand. Similarly Section 5-A of the 1961 Act empowers the Gram Panchayat to dispose of lands vested or deemed to have vested in a Panchayat but does not empower the Gram Panchayat to change the nature or the user of the land. It is further submitted that even if it is accepted that the Gram Panchayat has the power to alter the user of its land, by resort to Rule 3 of the 1964 Rules, such a change can only be effected after the Gram Panchayat prepares a land utilisation plan in accordance with Rule 3(1) of the 1964 Rules and then also if such change is for the benefit of the village community. It is further argued that as the Gram Panchayat has not prepared a land utilisation plan, it cannot be allowed to divert pastures/grazing grounds for cultivation.

Section 18 of the Consolidation Act requires that consolidation authorities shall, during consolidation, reserve land for common purposes of a village. Section 23-A(b) of the Consolidation Act, provides that in case of common purposes other than those reserved for the State Government, the land shall vest in the Gram Panchayat and all rights and interest of owners of such land shall stand modified and extinguished accordingly. Common land that is used or reserved as a grazing ground is called "Charand" or "Charagah" and is more often than not used by the entire village community. Admittedly, the land in dispute was reserved as a grazing ground, under a scheme prepared during consolidation and entitled the inhabitants of the village to use the land for grazing their cattle etc. Apart from the vesting of common land provided by Section 23- A(b) of the Consolidation Act, land reserved and used as a grazing ground (Charand) vests in a Gram Panchayat, as Shamilat Deh, by virtue of Section 2(g)(1) of the 1961 Act. It would, therefore, be appropriate, to reproduce a relevant extract from Section 2(g)(1) of the 1961 Act.

Rule 8(1) of the 1964 Rules provides that a Gram Panchayat may by a resolution in writing declare land in Shamilat Deh as pasture for use by residents of the village, for grazing purposes or for collecting dry fuel wood. Rule 8 assigns a degree of significance to pastures, manure pits etc. thus, clearly requiring a Gram Panchayat to reserve land for grazing purposes. Rule 8 (1), in my considered opinion, has to be read with Rule 3 (1) and Rule 3 (2). A Gram Panchayat shall while preparing a land utilisation plan, in accordance with the purposes set out in Rule 3(2) and Rule 8(1) be required to reserve land as grazing ground/pastures. The significance of pastures to an agrarian society cannot but be emphasised.