Common land can’t be sold for plantation to government agencies: HC
Shamlat deh (common land) in a village/panchayat can’t be sold even for plantation to government agencies, the Punjab and Haryana High Court (HC) has held.
Shamlat deh (common land) in a village/panchayat can’t be sold even for plantation to government agencies, the Punjab and Haryana High Court has held.
The high court bench of justice Lisa Gill and Harsh Bunger said that although the change of user of shamlat deh land by the gram panchayat is vested in it under the Punjab Village Common Lands (Regulation) Act, 1961, the land can be sold only for the specified purposes such as affordable housing purposes and creating infrastructure facilities, etc.
The change of user for plantation purposes can be effected either by the gram panchayat at its own level or through some agency with a proper utilisation plan prepared by the panchayat. However, the sale of land by the panchayat in favour of any government department for “plantation” would not fall within the parameters laid down in the 1961 law, the court added.
The high court was seized of a matter in which the 2016 resolution of a Nuh panchayat for the sale of 180 kanal for ₹30 lakh per acre for plantation by the PWD (B&R) department, Haryana, was given nod by the state government. The decision was challenged in the high court by some villagers arguing that the panchayat is not competent to divert the usage of the land, which according to them was “charand land” (used for grazing purposes). It was also submitted that a land utilisation plan as mandated in law was not prepared.
The court opined that gram panchayat holds property in trust for and on behalf of inhabitants of the village. Though the property vests in the gram panchayat, it is not at liberty to deal with the same in contravention or beyond the parameters laid down in the 1961 law and rules framed under the law.
The high court held that the gram panchayat is entitled to change the user of land by following due procedure. Now, it has asked the PWD department and the panchayat to rework modalities. However, the land would continue to vest with the gram panchayat, the court added.
