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Supreme Court of India 2019-02-06 dismissed

Chattar Singh & Ors vs Madho Singh & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant, ex-proprietor's heirs, sought to claim common grazing land (Charnoi) recorded in village revenue records, asserting it was a grove exempted from state vesting under the Zamindari Abolition Act. Villagers countersued for declaration of their right to the land. The Supreme Court held that Charnoi land—recorded as common land for public grazing—automatically vests in the State under Section 4(1)(a) of the Madhya Bharat Abolition of Zamindari Act. Section 5(f), protecting groves, does not apply to common lands. A grove requires dense, compact trees that preclude other primary uses. Charnoi land belongs to the village community, not the proprietor, and cannot be claimed as private property. The appeal was dismissed and the trial court's decree for the villagers affirmed.

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Land Law Zamindari Abolition Property Rights State Law Common Land Revenue Law

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