News: Menace of encroachments on public properties rising: Punjab and Haryana High Court [23.10.2021]

The Punjab and Haryana High Court has ruled that the menace of encroachments on public properties was “creeping up” day by day and creating obstructions to the planned development of the nation.

Saurabh Malik

Chandigarh, October 22

The Punjab and Haryana High Court has ruled that the menace of encroachments on public properties was “creeping up” day by day and creating obstructions to the planned development of the nation. The Bench also made it clear that any attempt to regularise illegal construction was deplored by the Supreme Court (SC).

The assertion by the Bench of Justice Augustine George Masih and Justice Ashok Kumar Verma came on a petition filed against the state of Haryana and other respondents in a case allegedly involving illegal and unauthorised possessions over shamlat land.

The Bench was told that the petitioners were found to be in illegal possession of shamlat land of a gram panchayat within the revenue estate of a village, following which Bhiwani assistant collector came to the conclusion that great loss had been suffered by the gram panchayat. Accordingly, he ordered the removal of the encroachments from the panchayat land.

Bhiwani Collector dismissed their appeal by passing a detailed speaking order dated February 20, 2020. Maintaining the order on the removal of the encroachments, he recorded that full opportunity was provided to the petitioners. The revision filed against the orders, too, was dismissed by Rohtak Division Commissioner.

The Bench asserted that the SC took note of the fact that village common land in large parts of the country had been grabbed by unscrupulous persons, using muscle, money and political power to the extent that such land existed only on paper in many states.

It was held that the encroachers must be ordered to remove such constructions and hand over land possession to the gram panchayat even if they had built houses.

Shamlat is for common use

The encroachers must be ordered to remove illegal constructions and hand over land possession to the gram panchayat even if they had built houses there. The gram sabha/gram panchayat land must be kept for the common use of the village residents, the court said.