Himachal: Re-claiming donated land for public utility to now invite action

Laying claim to land donated or gifted by an individual or organisation for public utility like roads, canals or government institutions will now become an offence with the Himachal Pradesh Prohibition of Change of Public Utilities Bill, 2025, being laid in the Vidhan Sabha today.

The Bill was tabled in the Vidhan Sabha by Education Minister Rohit Thakur. The main objective behind bringing the Bill is to ensure that public utility lands, often donated by individuals on which roads, paths, canals, drains and government institutions have been set up, cannot be reclaimed by any individual or institution.

The government has been forced to bring this legislation as problems are being faced with some individuals and institutions trying to reclaim the donated land in view of steep escalation in land prices. They have also tried to disrupt, road and water supply and other public utilities, while laying claim to the land. “These lands, over a period of time, have acquired the character of public utility stretches. Moreover, the lands were given through oral agreements, oral gifts or long acquiescence on which substantial expenditure has been made to develop and maintain,” the aims of Bill read.

Moreover, in many case the origin of these utilities cannot be traced as some of them are prior to the Punjab Reorganisation Act, 1966. It has been proposed that the order of the Financial Commissioner in case of any appeals will be final as no civil court will have the jurisdiction to entertain any suit falling under this Act. There is a provision for imprisonment up to six months in case of violation of the provisions of this Act.