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1964 (8) TMI 68 - SC - Indian LawsWhether the transfer of shamlat deh owned by the proprietors to the village Panchayat for the purposes of management in the manner described above and the conferment of proprietary rights on non proprietors in respect of lands in abadi deh is illegal and the several provisions of law allowing this to be done are ultra vires Art. 31 inasmuch as no compensation is payable or whether the law and the action taken are protected by Art. 31-A? Held that:- If agrarian reforms are to succeed, mere distribution of land to the landless is not enough. There must be a proper planning of rural economy and conditions and a body like the village Panchayat is best designed to promote rural welfare than individual owners of small portions of lands Further, the village Panchayat is an authority for purposes of Part III as was conceded before us and it has the protection of Art 3 1 -A because of this character even if the taking over of sham lat deh amounts to acquisition. In our opinion, the High Court was right in deciding as it did on this part of the case. With respect to abadi deh the same reasoning must apply 'The settling of a body of agricultural artisans (such as the village carpenter, the village blacksmith, the village tanner farrier, wheelwright, barber, washerman etc.) is a part of rural planning and can be comprehended in a scheme of agrarian reforms. It is a trite saying that India lives in villages and a scheme to make villages self-sufficient cannot but be regarded as part of the larger reforms which consolidation of holdings, fixing of ceilings on lands, distribution of surplus lands and utilising of vacant and waste lands contemplate. The four Acts, namely, the Con- solidation Act, the Village Panchayat Act, the Common Lands Regulation Act and the Security of Tenure Act are a part of a general scheme of reforms and any modification of rights such as the present had the protection of Art. 31-A. The High Court was thus right in its conclusion on this part of the case also. Appeal dismissed.
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