Chandigarh readies draft to take over 200 acres of shamlat land

Dushyant Singh Pundir

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Chandigarh, September 9

In accordance with the Supreme Court’s directives, the UT Administration has encountered obstacles in taking over the possession of approximately 200 acres of shamlat (common) land spread across 17 villages in the city. The delay in land acquisition is attributed to the UT Administration’s failure to adopt the amended Punjab Village Common Land Act (PVCL).

In April, the Supreme Court had issued a landmark order stipulating that all land reserved for common purposes, determined through a pro-rata cut, must be utilised exclusively by gram panchayats for the current and future needs of the village community. The apex court unequivocally stated that no portion of this land could be re-partitioned among proprietors, and it should not be available for sale.

A senior official from the UT Administration explained that out of the total 351 acres of land earmarked for this purpose, nearly 150 acres had been acquired. However, the acquisition of the remaining land faces complications due to the non-implementation of the amended PVCL, he added.

The official revealed that the draft for adopting the amended PVCL was prepared and submitted to the Legal Remembrancer (LR) for a review. The official expressed optimism that the adoption process would be completed expeditiously. Once possession is secured, the administration plans to develop the land in accordance with the zoning plan, including the provision of essential infrastructure and basic facilities.

At present, approximately 200 acres of shamlat land remains either encroached on or in a state of neglect, causing insanitary conditions.

The Municipal Corporation has estimated a cost of Rs 2.39 crore for fencing off the shamlat land to prevent further encroachment.

Residents of various villages have raised concerns, stating that many individuals had even constructed houses on shamlat land. They question why the UT administration did not address this matter earlier.

The panchayat system in Chandigarh came to an end after the UT Administration issued a notification for the merger of the remaining 13 villages, which fall under its jurisdiction, with the Municipal Corporation on November 30, 2018. The villages, Behlana, Raipur Khurd, Raipur Kalan, Makhan Majra, Daria, Mauli Jagran, Kishangarh, Kaimbwala, Khuda Ali Sher, Khuda Jassu, Khuda Lahora, Sarangpur and Dhanas, were merged with the MC after the term of panchayats ended in January 2019.

Apex court order

In April, the SC had issued a landmark order stipulating that all land reserved for common purposes, determined through a pro-rata cut, must be utilised exclusively by gram panchayats for the current and future needs of the village community. The apex court unequivocally stated that no portion of this land could be re-partitioned among proprietors, and it should not be available for sale.

Admn plans

Once possession of the land is secured, the Administration plans to develop the land in accordance with the zoning plan, including the provision of essential infrastructure and basic facilities. The Municipal Corporation has estimated a cost of Rs 2.39 crore for fencing off the shamlat land to prevent further encroachment.