Scope and Applicability

Where the lands in question are not “Village Common Land, but" common purposes lands "The provisions of the Village Common Land Act or of Rule 20-A" framed there under do not apply, so as to inflate the lease rent of Rs. 125 to Rs.2500 per year by way of penalty and his detention squarely. Moreover the instant lease was not lease granted by the panchayat after the commencement of such rule in order to attract Rule 20-A, while the lease related to the year 1975 much before the enactment of Rule 20-A in 1978. It was held that such slip shot attempts by administrative functionaries which tend to violate the liberty principle enshrined in the constitution of India for the safeguard of citizens cannot be easily overlooked and detention of petitioner was set-aside.