SC ruling: ‘Thousands of acres of illegally sold land to be restored to Haryana panchayats’

Several lands which were entered in revenue record as shamilat deh and similar entries have been wrongly partitioned and alienated, said a June 21 communication by financial commissioner, revenue, Pranab Kishore Das, to deputy commissioners

Land chunks described in the revenue records as shamilat deh (village land reserved and used for common purpose) and wrongly partitioned and alienated would now be restored to gram panchayats in Haryana following an April 7 Supreme Court (SC) judgment.

The significance of SC ruling can be gauged from the fact that thousands of acres of village common land in Haryana which was sold off by shareholders or gram panchayat for monetary gains would now get freed. (Image for representational purpose)

“Several lands which were entered in revenue record as shamilat deh and similar entries have been wrongly partitioned and alienated. This was never permissible under the Act. Therefore development and panchayats department may move to restore such land to panchayat,” said a June 21 communication by financial commissioner, revenue, Pranab Kishore Das, to deputy commissioners.

The significance of SC ruling can be gauged from the fact that thousands of acres of village common land in Haryana which was sold off by shareholders or gram panchayat for monetary gains would now get freed.

‘All such pending cases be filed’

The Haryana government, acting on the apex court’s judgment, has also ordered that all pending cases of partition of shamilat deh and similar lands besides jumla mushtarka malkan (land carved out for common purpose from the holding of the proprietors whose control and management vests with panchayat) and similar lands which are with the revenue courts be filed in view of the SC ruling. No fresh cases in this regard be entertained, the order said.

An SC bench comprising Justice Hemant Gupta and Justice V Ramasubramanian in its landmark April 7 judgment had ruled that the village common land (shamilat deh) can neither be repartitioned among the proprietors nor sold.

Urban local bodies dept to restore land received as legacy

The financial commissioner’s communication said that while development and panchayats department will move to restore such lands to gram panchayats, the urban local bodies (ULB) department would restore land received as legacy from the erstwhile gram panchayats and made a part of the extended municipal bodies.

“Keeping in view the gravity and sensitivity of the matter, these directions be implemented urgently in letter and spirit and in conformity with the apex court judgment. A fortnightly progress report may be filed on the action taken,” the communication said.

Both panchayats and ULB departments have also been directed to ensure that wherever jumla mushtarka malkan and similar common purpose lands have been partitioned or alienated, the process regarding reclaiming the property in light of the SC judgment may be decided and acted upon. “If cases pertaining to such lands are pending in the high court, an application may be moved to request formal dismissal and closure of such cases. The revenue department will help in identifying such partitioned lands,” the communication said.

‘Common land be entered in property register of panchayat’

It further said that irrespective of the description of land in revenue records, the land reserved for common purposes must be entered in the property register of gram panchayat. Also, mutations will be entered by the halqa patwari of land recorded as shamilat deh in the revenue records as per Section 2(G)(1) of the Punjab Village Common Lands Act immediately in favour of the panchayat. Officials said that any person can subsequently take recourse to Section 13 (a) of the Punjab Village Common Lands Act before the collector for raising a dispute and claiming the right, title or interest in land vested in panchayat by filing a suit for adjudication.

What did the apex court say

The SC had held that the entire land reserved for common purposes by applying pro-rata cut had to be utilised by the gram panchayat for the present and future needs of the village community. “No part of the land can be repartitioned among the proprietors and such land would not be available for sale,” the apex court had ruled.

It said the argument of the proprietors that the land which is not capable of being used for common purposes of the inhabitants of a village will be reverted to the proprietors is untenable and unsustainable.

“The land has been put to common pool by applying pro-rata cut. Once pro-rata cut has been applied, the management and control of such land vest with the panchayat. There is no question of reverting the land to the proprietors,” the bench said.

Also, the panchayat will not have title over the land but as a part of management and control, the panchayat is at liberty to put the land for the use for common purposes, the SC said.

“Neither the Punjab Village Common Lands Act, 1961, nor the Consolidation of Holdings Act, 1948, contemplates redistribution of land to the proprietors. It is an irrevocable Act which cannot be undone. Therefore, once land vests with the panchayat, it can be used for common purposes of the community and will never revert to the proprietors,” the SC said, dismissing the appeals filed by proprietors. It also ordered that writ petitions filed before the high court will also stand dismissed. The findings recorded by different benches of the high court are clearly erroneous and not sustainable, the SC said.