STATE OF HIMACHAL PRADESH versus TARSEM SINGH AND ORS.
Under Section 3 of the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, all rights, title, and interests including easementary rights in land previously vested in Panchayat are extinguished and vest in the State absolutely and free from all encumbrances.
- Parties
- Appellant: State of Himachal Pradesh; Respondents: Tarsem Singh and Ors.
- Jurisdiction
- India
- Judgment Date
- 04 September 2001
- Procedural Posture
- Civil Appeal / Decision on Appeal From High Court Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Village Common Land Vesting, Easementary Rights, Encumbrance
Case Brief
Summary, issues, holding and outcome
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Parties
State of Himachal Pradesh
Appellant
Tarsem Singh and Ors.
Respondents
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Judgment
Legal Issues
- 1 Whether easementary rights over shamilat land vest in the State under Section 3 of the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974
Ratio Decidendi
Under Section 3 of the Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1974, all rights, title, and interests including easementary rights in land previously vested in Panchayat are extinguished and vest in the State absolutely and free from all encumbrances.
Court Disposition
Appeal allowed
Orders
- Judgment of the High Court set aside.
- No order as to costs.
Full Case Text
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