Summary
Villagers in unauthorised occupation of Gram Panchayat land in Haryana reserved for a school were ordered evicted under Section 7(2) of the Punjab Village Common Land (Regulation) Act; yet the Punjab and Haryana High Court, invoking Rule 12 of the 1964 Rules, directed the Panchayat to regularise the built-up areas against double the land or payment of market value and to segregate vacant portions for the school. A fresh demarcation ordered by the Supreme Court showed the encroachers occupying over five kanals of the school land, which has no playground, with no alternative land nearby. The Supreme Court set aside the directions as a serious error incapable of implementation: land reserved for a school and playground cannot be legalised on payment; the occupants were given twelve months to vacate.
Issues
- Whether the High Court could direct regularisation of unauthorised occupation of Gram Panchayat land reserved for a school and its playground, on payment of market value or exchange of land, after eviction orders under Section 7(2) of the Punjab Village Common Land (Regulation) Act had attained finality before the revenue authorities.
Provisions considered
- Section 7(2), Punjab Village Common Land (Regulation) Act, 1961Eviction proceedings against the encroachers resulted in an ejectment order by the Assistant Collector, affirmed by the Collector and the Commissioner, on the basis of demarcation showing unauthorised possession of Panchayat land. (¶¶ 2.1, 2.2, 2.3, 4)
- Rule 12, Punjab Village Common Land (Regulation) Rules, 1964The High Court invoked the Rule permitting sale of non-cultivable shamlat deh to villagers who built houses before 31 March 2000 up to 200 square yards at not less than the Collector rate; the Supreme Court held it could not be used to legalise encroachment on land earmarked for a school, the occupation exceeding 200 square yards in any event. (¶¶ 2.8, 2.9, 3.3, 4.1)
Held
- The fresh demarcation established that the encroachers occupy about five kanals four marlas of the eleven kanals fifteen marlas reserved for the school, that the school is surrounded by their constructions, that there is no playground, and that no Panchayat or private land is available nearby, the adjoining owners being unwilling to sell. There cannot be a school without a playground, and occupation of land reserved for it cannot be directed to be legalised; the High Court's directions to assess market value and to segregate vacant portions were a serious error and are impossible to implement since some areas are not residential and some are under vegetation. (¶¶ 3.1, 3.2, 3.4, 4, 4.1, 5)
Result
Appeals allowed without costs; Punjab and Haryana High Court judgment dated 12.05.2016 in CWP No. 3167 of 2015 and the order of 21.10.2016 in review quashed and set aside; the occupants granted twelve months to vacate the encroached Panchayat land, failing which the authority is to remove their unauthorised possession.