PRADESH PONG BANDH VISTHAPIT SAMIT!, RAJASTHAN versus UNION OF INDIA

PRADESH PONG BANDH VISTHAPIT SAMIT!, RAJASTHAN versus UNION OF INDIA

Amendments to the Rajasthan Colonisation Rules extending ban on transfer and regularising possession by Rajasthanis are ultra vires the agreement between Himachal Pradesh and Rajasthan and violate Article 14; cancellation, transfer restrictions, and review provisions are arbitrary, discriminatory and not supported by inter-state obligations; remedies must address oustee settlement and restoration.

Parties
Petitioner: Pradesh Pong Bandh Visthapit Samiti, Rajasthan; Respondent: Union of India
Jurisdiction
India
Judgment Date
26 July 1996
Procedural Posture
Writ Petition (civil) / Final Decision on Merits
Outcome
Petition allowed; impugned amendments quashed; remedial directions issued
Legal Topics
Land Allotment, Displacement and Rehabilitation, Natural Justice, Validity of Administrative Rules, Inter State Agreements
Constitutional Law Administrative Law Property Law Land Allotment Displacement and Rehabilitation Natural Justice Validity of Administrative Rules Inter State Agreements

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Parties

Pradesh Pong Bandh Visthapit Samiti, Rajasthan

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Decision on Merits

Legal Issues

  1. 1 Validity of 1992 amendments to Rajasthan Colonisation Rules affecting Pong Dam oustees
  2. 2 Whether extended ban on land transfer and regularisation of possession of Rajasthanis violate inter-state agreement and Article 14
  3. 3 Remedial directions for oustees denied land or whose allotments were cancelled

Ratio Decidendi

Amendments to the Rajasthan Colonisation Rules extending ban on transfer and regularising possession by Rajasthanis are ultra vires the agreement between Himachal Pradesh and Rajasthan and violate Article 14; cancellation, transfer restrictions, and review provisions are arbitrary, discriminatory and not supported by inter-state obligations; remedies must address oustee settlement and restoration.

Court Disposition

Petition allowed; impugned amendments quashed; remedial directions issued

Orders

  • Notification dated 12th March 1992 amending Rajasthan Colonisation Rules quashed and set aside.
  • Substitution of 25 years for 20 years in Rule 6(3) quashed.