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2021 Supreme(SC) 51

D. Y. CHANDRACHUD, M. R. SHAH
JOGINDER – Appellant
Versus
STATE OF HARYANA – Respondent


Advocates Appeared:
For the Petitioner(s): Mr. Rishi Malhotra, AOR

ORDER :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.11.2020 passed by the High Court of Punjab and Haryana at Chandigarh in Civil Writ Petition No. 17869 of 2020, by which the High Court has dismissed the said writ petition preferred by the petitioners herein, the original writ petitioners have preferred the present special leave petition.

2. That the petitioners who are the residents of Village Sarsad, Tehsil Gohana, District Sonepat encroached upon the panchayat land and constructed the houses. It is not in dispute that the lands on which the petitioners have constructed the houses vest in the Gram Panchayat. That in the year 2000, the Government of Haryana framed a policy regarding sale of panchayat land in unauthorised possession inside outside the Abadi Deh. The Government of Haryana also amended the Punjab Village Common Lands (Regulation) Rules, 1964 (hereinafter referred to as the ‘1964 Rules’) and issued a notification dated 1.8.2001 in this regard. Thereafter, in the year 2008, Rule 12(4) was incorporated in the 1964 Rules in terms of the notification dated 03.01.2008, which authorises Gram Panchayat to sell its non-culti

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