Case:- IN RE THE WAQF (AMENDMENT) ACT, 2025 (1)
Citation:- 2025 INSC 1122
Supreme Court Bench:- CHIEF JUSTICE B.R. GAVAI, JUSTICE PRASHANT KUMAR MISHRA & JUSTICE K.V. VISWANATHAN
The Hon’ble Supreme Court held that the ‘bachat land’ or unutilized land left after utilizing the land earmarked for the common purposes in Panchayats, has to be redistributed amongst the proprietors according to the share in which they had contributed the land belonging to them for common purposes
- According to the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, villagers had to contribute portions of their land for common purposes. Later, in 1992, Haryana amended the Punjab Village Common Lands (Regulation) Act, 1961 to expand the definition of ‘shamilat deh’ (village common land) to include even the unutilized portions.
- Landowners challenged this as an unfair attempt to take their land without compensation. The Hon’ble Punjab & Haryana High Court’s held that unless the land is specifically reserved in the consolidation scheme, and formally handed over to the Panchayat, ownership cannot shift from the proprietors which was upheld by the Hon’ble Supreme Court.
- The Hon’ble Supreme Court agreed with the landowners, holding that the amendment could not override the settled principle that unutilized land remains with proprietors. Emphasizing stability and fairness in law, the Hon’ble Court dismissed Haryana’s appeal.
In 2022, the Hon’ble Supreme Court had earlier allowed Haryana’s appeal in this matter. But that judgment was later recalled in review, and the case was reheard before arriving at the present decision.
