Introduction:

In a significant judgment, the Punjab & Haryana High Court rendered its decision in the case of Sushil Kumar and others v. State of Haryana and others, affirming the constitutional validity of the “Haryana Dholidar, Butimar, Bhondedar and Muqararidar (Vesting of Proprietary Rights Act, 2010)” (the Act). The court, comprising a division bench of Justice Sureshwar Thakur and Justice Lalit Batra, delved into the constitutional aspects of the legislation aimed at recognizing the rights of tillers of the land.

Arguments:

The petitioners contested the Act’s constitutionality, arguing that it violated the right to property under Article 300-A of the Constitution by granting ownership and rights to certain classes of tenants without providing adequate compensation to the real owners. Conversely, the respondents, representing the State of Haryana, emphasized the Act’s noble objective of agrarian reform and the need to recognize the rights of long-standing tillers who were deprived of certain property rights.

Court’s Judgment:

After meticulous scrutiny, the division bench upheld the constitutional validity of the Act. It observed that the legislation aimed to abolish intermediaries and acknowledge the rights of tillers, thereby fostering agrarian reforms. The court emphasized the Act’s provisions, which provided for token compensation to landowners while conferring proprietary rights upon long-standing tillers. Furthermore, the court highlighted the Act’s alignment with Article 31-A of the Constitution, ensuring constitutional immunity. In light of these considerations, the court directed empowered statutory authorities to proceed with applications seeking rights over the land under the Act.