News Clipping: Mafia Occupies Rs 2,000-cr Panchayat Land: Report [21.12.2017]

Vishav Bharti |Tribune News Service, Chandigarh | December 21 

It seems the land mafia has had a free run in the state all these years. Common village land worth Rs 2,000 crore, owned by panchayats, is in illegal possession of the mafia. The fact came to the fore during an internal report prepared by the Department of Rural Development and Panchayats recently.

According to the report, 20,800 acres is in illegal possession of the land mafia and influential individuals. According to a rough estimate, if the department gets back the possession of the land from the mafia it can generate revenue of Rs 50 crore annually from it.

Out of the total land, more than 60 per cent falls in just four districts of the state. In district-wise breakup, Chief Minister’s home district Patiala tops the chart.

In Patiala alone, 4,854 acres (25 per cent of the total land) is in illegal possession. It is followed by Kapurthala with 3,411; Fatehgarh Sahib 2,436 and Jalandhar 1,967 acres.

Despite having powers to protect village panchayats given under constitutional provisions, the department officials have failed to protect the land.

There are examples when department officials didn’t settle panchayat land disputes over five years. In the recent past, the Panchayat Union, Punjab, had also alleged a high-level nexus between land mafia and department officials.

The union had also alleged that the officials were using their powers to settle panchayat land dispute cases in favour of the land mafia.

With an aim to watch the interest of panchayats, the department officials under the Punjab Village Common Lands Regulation Act, 1961, were given powers to hear the cases related to panchayat lands and jurisdiction of civil courts was barred.

As per the Act, where individuals claim the ownership over shamlat land, responsibility lies upon individuals to prove that they are cultivating possession as per his share in shamlat land since or before January 26, 1950, which is hard to prove.

Earlier this year, the issue was also raised in the Punjab Vidhan Sabha when a joint development commissioner, who had powers to listen the land dispute of panchayats, settled around 70 cases in favour of private individuals just nine months before his retirement.

Recently the department officials had also instructed the district-level department officials to settle the panchayat dispute cases within three months.

Minister for Rural Development and Panchayats Tript Rajinder Bajwa said the process of eviction from the panchayat land was on. He accepted that there were some delays at different levels when it came to department officials acting to get back the panchayat lands.

Why village common land matters

The panchayats in the state own 1.7 lakh acres, of which 1.42 lakh acres is auctioned for annual cultivation. It is one of the main sources of revenue for the department. This year, the department generated Rs 307 crore from the auction of common village lands across the state. The money is later spent on the overall development of villages.

Source : http://www.tribuneindia.com/news/punjab/mafia-occupies-rs-2-000-cr-panchayat-land-report/517018.html

Member Of Panchayat Can’t Claim Immunity From Disqualification While Insisting To Encroach Upon Govt Land: Bombay HC

Nitish Kashyap|LiveLaw| December 20, 2017

The Bombay High Court has held that no member of a village Panchayat can insist upon encroaching on government land and have immunity from disqualification under the Maharasthra Village Panchayat Act, 1958.

Justice MS Sonak set aside an order of the Additional Commissioner, Pune Division and allowed the writ petition.

Case Background:

The writ petition was filed b one Satish Deshmukh who challenged an order by the Additional Commissioner, Pune Division, dated August 21, 2013. By this order, an order of the Assistant Collector dated February 28, 2013, disqualifying the respondent as a member of the village Panchayat at Karkamb, was set aside.

The respondent was disqualified by the Assistant Collector in exercise of powers under Section 14 (1) of the Village Panchayat Act, 1958.

Submissions and Judgment:

Petitioner’s counsel SS Aradhye submitted that both adjudicating authorities in this case, the Additional Commissioner as well as the Assistant Collector, concurrently held that the respondent member had indeed encroached upon the government land.

However, the Additional Commissioner, by observing that this encroachment had taken place so man years ago in 1996 has unjustifiably absolved respondent No. 3 from the taint of disqualification, Aradhye submitted.

Aradhye also argued that as long as encroachment on the government property continues, respondent No. 3, would be liable to be disqualified under the provisions of Section 14 (l)(j3) of the said Act.

On the other hand, respondent member’s lawyer AR Metkari argued that his client’s term as member of Panchayat had come to an end in October this year which makes the petition infructuous.

He further submitted that in Narayan A Borsae vs State of Maharasthra, it was held that the section of Panchayats Act does not provide for disqualification spading beyond the term of Sarpanch or a member found guilty of misconduct. He submitted that since, the alleged encroachment, was made in the year 1996, it is irrelevant for determining disqualification of his client who was elected as a member of the Panchayat for the term 2012-17.

The court referred to the judgement of the apex court in Sagar P Dhundare vs Keshav Aaba Patil and Ors, wherein it was held that encroachment on public property or government property is certainly to be condemned, encroacher evicted and punished.

After hearing both parties, the court agreed with the submissions by the petitioner’s counsel and noted: “Section 14 (l) (j3) of the said Act inter alia provides that not person shall be a member of a Panchayat or continue as such, ho, has encroached upon Government land or pubic property. This means that disqualification attaches to a person from being a member of the Panchayat as well as from continuing as a member of Pnachayat. The Statement of Objects and Reasons for the amendment by which this provision was introduced in the said Act indicates that the purpose was to disqualify the person, who has encroached upon Government land or public property from becoming a member of the Panchayat or too continue as such.”

Thus, the court set aside the order of the Additional Commissioner in order to avoid a situation where the respondent continues to encroach on government land and get re-elected as a member of Panchayat.

The judgement can be read at:

 http://www.livelaw.in/member-panchayat-cant-claim-immunity-disqualification-insisting-encroach-upon-govt-land-bombay-hc-read-judgment/

Meppayur Panchayat to Reclaim 500 Acres Barren Land

Express News Service | 3 December, 2017

KOZHIKODE: The residents of Meppayur panchayat have set a model for restoring their agricultural land by coming together with a mission to convert a 500-acre paddy field lying abandoned for over three decades into a fertile one. As part of the initiative, over 4,500 people from all walks of life, including school students, government employees, housewives, farmers and political leaders, are working towards restoring the Kandamchira, one of the largest paddy fields in the district. 

Meppayur panchayat president P K Reena said the project, being executed with the support of the Agriculture Department, is part of the effort to convert all barren agricultural land spread across the local body limit into a fertile one. 

“The Kandamchira, which is spread over 500-acres, is one of the largest paddy fields in the district. But the land was in an abandoned state for over three decades. And the reclamation project was planned with public support to make it cultivable.” “For the same, services of various organisations like Kudumbashree, youth organisations, political parties, schools students, MGNREGS employees and cultural forums will be made use of,” she said.

As a preliminary step, the focus is to make the land cultivable. Around 120 acres of land has been cleaned and made suitable for cultivation so far. The cleaning process is expected to be completed by the end of December, she said.Later, we will identify various groups interested to cultivate paddy and the field will be handed over to them for a particular year on rent, said the president.

“We will check the possibility of allotting the land to Kudumbashree mission or MGNREGS employees for cultivation,” she said.

Source : http://www.newindianexpress.com/states/kerala/2017/dec/03/meppayur-panchayat-to-reclaim-500-acres-barren-land-1717164.html

DDPO Directed to Remove Encroachment in Five Villages

Dilbag Singhn | 2 December, 2017 | Punjab Tribune

Nurmahal: The Punjab Rural Development and Panchayat Department had directed district development and Panchayat officer (DDPO) Jalandhar to remove encroachment in five villages of Jalandhar district.

In an official communication to DDPO, deputy director forwarded complaints received from residents of Bhandal Himmat village ,Baina Pur village in Nurmahal block,gram panchayat Chakral village in Jalandhar west block,residents of Usmaanpur village in Jalandhar tehsil and residents of Kakar Kalan village in Shahkot block.

Deputy director said that act under Punjab Village Common Land Regulation Act 1961 to remove encroachment from common land by conducting fresh demarcation and sent reports to this office.

Source : http://www.punjabtribune.com/news/48582-ddpo-directed-to-remove-encroachment-in-five-villages.aspx