Can't encourage encroachment on panchayat land: Punjab and Haryana High Court

Tribune News Service

Chandigarh, May 5

The Punjab and Haryana High Court has ruled that the courts cannot encourage illegal encroachment upon gram panchayat land by regularising its purchase. The assertion by the Bench of Justice Augustine George Masih and Justice Sandeep Moudgil came on a petition challenging order dated August 11, 2017, passed by Punjab Director, Rural Development and Panchayat-cum-Commissioner, upholding the order of eviction dated October 1, 2013, passed by Jalandhar District Development and Panchayat Officer-cum-Collector.

The matter was brought to their notice after Bir Pind gram panchayat in Nakodar sought eviction of the petitioner. Referring to the provisions of the Punjab Village Common Lands (Regulation) Rules, his counsel contended a village resident could be given/sold land for residential purposes. Taking a note of the submissions, the Bench contended the very purpose for which the statutory provisions were incorporated under the Punjab Village Common Lands (Regulation) Act, and the rules framed there under, would be rendered redundant if the prayer was accepted.

Dismissing the petition, the Bench added the petitioner’s contention was that he belonged to the Scheduled Caste. The contention could not be accepted since he did not fall in the landless category and his counsel was unable to show any provision under the scheme.

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