Written by Sanjeev
Verma
Chandigarh
Published: May 18,
2016
The division has
referred the matter to the larger bench for “serious consideration”
and to determine whether it is “result of colourable exercise of
powers.”
Observing that the
fate of shamlat deh land (common village land), which is the primary
source of income for gram panchayats in Haryana, is “at stake”
due to its benefits being extended by authorities “to a particular
class of persons” including unauthorised occupants, the Punjab and
Haryana High Court has ordered that no such land shall be leased out
for more than two years.
The division bench
comprising Justices Surya Kant and AB Chaudhari, while staying
operation of Rule 6-A of the Punjab Village Common Lands (Regulation)
Rules, 1964, as applicable to Haryana, has referred the matter to the
larger bench for “serious consideration” and to determine whether
it is “result of colourable exercise of powers.”
The court, in its
order released on Monday, observed that the original Rule 6 of 1964
Rules mandates that the gram panchayat land is to be leased out by
way of auction and it cannot be leased out for agricultural purposes
for a period exceeding two years. However, authorities, through an
amendment, inserted Rule 6-A in 2013, which was challenged before the
High Court in a bunch of petitions, including that of Dalel Singh.
Haryana government counsels were found wanting for justification of
the Rule before the court decided to refer the matter to the larger
bench.
The court observed
that vide the impugned provisions, the gram panchayat land is
permitted to be leased out, virtually free of cost, for a period upto
99 years “in favour of a class of persons including those who are
in its unauthorized and continuous cultivating possession upto the
prescribed cut-off date.”
The division bench
framed six questions to be determined which include “whether the
impugned provisions have been enacted/inserted to give undue benefit
to a specific class of persons and are thus discriminatory and
violative of Article 14 of the Constitution? “ Also the larger
bench would determine whether shamlat deh land can be leased out
without public auction.
The division bench
also questioned whether the gram panchayat or the inhabitants of the
village can be divested of the benefits of shamlat deh land through
perpetual lease-hold rights on payment of a nominal lease amount
“which is totally a farce”?
The court said that
Village Common Lands (Regulation) Act, 1961, has been enacted for
regulating the rights in shamlat deh and abadi deh lands with the
legislative object of utilising shamat deh land for the benefit of
villagers.
http://indianexpress.com/article/india/india-news-india/panchayat-land-cannot-be-leased-for-over-2-years-punjab-haryana-hc-2806231/#sthash.p7xc3yxA.dpuf
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