Illegal occupation of panchayat land are not entitled to regularisation - Petitioners encroached upon panchayat land and constructed houses

Citation

AIR 2021 SUPREME COURT 816

SUPREME COURT

: AIROnline 2021 SC 40

 (From : Punjab and Haryana)*

DR . DHANANJAYA Y. CHANDRACHUD , J. and M. R. SHAH , J.

Special Leave Petition (Civil) No. 1829 of 2021, D/- 5 - 2 - 2021

Joginder and Anr. v. State of Haryana and Ors.

Punjab Village Common Lands (Regulation) Act (18 of 1961), S.15 - Punjab Village Common

Lands (Regulation) Rules (1964), R.12(4) - Gram Panchayat land - Illegal occupation -

Regularisation of - Petitioners encroached upon panchayat land and constructed houses -

Total area of unauthorised occupation is more than 200 square yards - No specific finding

by competent authority as to how much was area over which houses of petitioners have

been constructed and how much was open space area - Petitioners are found to be in illegal

occupation of area of more than 200 square yards - One of conditions mentioned in R.12(4) for

regularisation is not satisfied - Therefore, petitioners in Illegal occupation of panchayat land

are not entitled to regularisation.

Fair reading of R.12(4), in case of an illegal occupation of area up to a maximum of 200 square yards

including constructed area, appurtenant area and open space area can be regularised and sold at not

less than collector rate (floor rate or market rate, whichever is higher).The idea behind keeping cap

of 200 square yards may be that small area of lands occupied illegally can be regularised/sold. If

submission on behalf of petitioners is accepted, in that case, it may happen that somebody has put up

a construction on 195 square yards and is in illegal occupation of 500 square yards area, in that case,

though he has encroached upon total area of about 700 square yards, he shall be entitled to purchase

land under R.12(4) of 1964 Rules, which is not intention of R.12(4). Therefore, competent authority

as well as High Court both are justified in taking view that as respective petitioners are in illegal

occupation of area more than required area up to maximum of 200 square yards, they are not entitled

to benefit of R.12(4). Persons in illegal occupation of Government Land/Panchayat Land cannot, as

a matter of right, claim regularization. Regularization of illegal occupation of Government Land/

Panchayat Land can only be as per policy of State Government and conditions stipulated in Rules. If

it is found that conditions stipulated for regularisation have not been fulfilled, such persons in illegal

occupation of Government Land/Panchayat Land are not entitled to regularization. Petitioners are

found to be in illegal occupation of area of more than 200 square yards. Therefore, one of conditions

mentioned in R.12(4) is not satisfied and therefore both, competent authority as well as High Court

have rightly held that petitioners are not entitled to benefit of provisions of R.12(4) of 1964 Rules.

 (Paras 7 , 8 , 9) 

Cases Referred Chronological Paras

AIROnline 2019 SC 1927 8

AIR 2011 SC 1123 : 2011 AIR SCW 990 3, 5.1, 9

Rishi Malhotra AOR for Petitioner.

*Civil Writ Petition No. 17869 of 2020, D/- 10.11.2020 (PandH). Details of case arising from, counsel's names

etc. published herein, are as appearing in the Record of Proceedings uploaded on the official website of

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