VidhiSangh

Supreme Court of India · 03/03/2023

THE STATE OF HARYANA AND ORS. versus SATPAL & ORS.

[2023] 2 S.C.R. 12 · 2023 INSC 201

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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

  1. 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

Held

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.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 12.