IMPORTANT POINT
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.

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-cultivable land in Shamlat Deh to the inhabitants of the village who have constructed their houses on or before 31.03.2000, subject to fulfilment of the conditions mentioned in Rule 12(4) of the 1964 Rules. Rule 12(4) of the 1964 Rules, which is relevant in the present case, reads as under:

“Rule 12(1) A Panchayat may, with the previous approval of the State Government, sell land in shamlat deh vested in it under the Act for—

(4) The Gram Panchayat may with the prior approval of the State Government, sell its noncultivable land in shamlat deh to the inhabitants of the village who have constructed their houses on or before the 31st March, 2000, not resulting in any obstruction to the traffic and passerby, along with open space up to 25% of the constructed area or an appurtenant area up to a maximum of 200 square yards at not less than collector rate [floor rate or market rate, whichever is higher].”

Thus, as per Rule 12(4) of the 1964 Rules, the construction of the house on the panchayat land must have been put on or before 31.03.2000. It must be a noncultivable land; does not result in any obstruction to the traffic and passerby and the illegal occupation/constructed area shall be up to a maximum of 200 square yards and then only the same can be regularised/sold.

3. The petitioners herein submitted the application before the competent authority along with the resolution of the concerned panchayat and requested to sell the lands occupied by them illegally and unauthorizedly, in exercise of powers under Rule 12, more particularly Rule 12(4) of the 1964 Rules. After giving an opportunity of personal hearing, the competent authority, i.e., Deputy Commissioner, Sonepat on perusal of the record and the site report, which was verified by visiting the relevant place and having found that the petitioners are in illegal occupation of the area admeasuring more than 200 square yards, i.e.757.37 square yards in case of the petitioner-Joginder and 239.48 square yards in case of the petitioner-Karamveer, rejected the said application. The order passed by the competent authority rejecting the application of the petitioners came to be challenged by the petitioners before the High Court. By the impugned judgment and order, the Division Bench of the High Court has dismissed the said writ petition. While dismissing the writ petition, the High Court has also considered the decision of this Court in the case of Jagpal Singh v. State of Punjab, reported in (2011) 11 SCC 396, by which this Court directed to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of the villagers of the vil