Menace Of Encroachments On Public Properties Creating Obstructions To Planned Development Of Nation: P&H High Court

The Punjab and Haryana High Court recently observed that the menace of encroachments on public properties are creeping up day-by-day and creating obstructions to the planned development of the nation. 

The Bench of Justice Augustine George Masih and Justice Ashok Kumar Verma observed thus while dealing with a plea filed by one Gurmukh Singh, accused of encroaching upon a common property under the control of Gram Panchayat, Maheru.

Allegedly, the petitioner got the land in dispute on lease in the name of his relatives and did not give back the same to the Gram Panchayat.

The matter in brief

In 2017, after hearing the Gram Panchayat and considering the revenue record order, an order was passed by the District Development and Panchayat Officer-cum-Collector, Jalandhar directing the petitioner before the Court to immediately vacate the land in dispute and handover the vacant possession to the Gram Panchayat.

The said order of the collector was also upheld by the Director, Rural Development and Panchayat Department (Exercising the Power of Commissioner), SAS Nagar Mohali, Punjab in June 2021.

Challenging both these orders, directing him to hand over the land to gram panchayat, the petitioner moved the High Court.

It was argued by him that the land in dispute, which was earlier in the name of private persons, had been transferred in the name of the petitioner and other performa respondents vide sale deed 18.05.1979 and the land in dispute does not come under the definition of 'Shamlat Deh'.

It was also prayed that since the revenue authorities have not taken into consideration these facts, therefore, the impugned orders being illegal may be quashed.

Court's observations

At the outset, the Court noted that there was no evidence on record to show that the disputed land belong to the petitioner. The Court also observed that after appreciating the evidence, the Collector had rightly arrived at the conclusion that the petitioner was is in illegal possession of the land in dispute.

In view of this, the Court ruled thus:

"The Collector rightly ordered the eviction of the petitioner from the land in dispute vide impugned order dated 17.10.2017, which was also upheld by the Commissioner vide impugned order dated 25.06.2021 passed in the appeal filed by the petitioner observing that there is nothing on record to show that the petitioner is owner of the land in dispute."

Significantly, the Court also referred to the Supreme Court's ruling in the case of Jagpal Singh and others vs. State of Punjab and others, 2011 Vol. 11 SCC 396, wherein the Top Court had observed noted that in large parts of India, village common land had been grabbed by unscrupulous persons using muscle power, money power or political clout to the extent that in many States such land existed only on paper.

The Court further stressed that the Top Court had deplored any attempt to regularize illegal construction on this land and that it was held that even if the encroachers had built houses on the land, they must be ordered to remove their construction and hand over possession of the land to the Gram Panchayat.

Lastly, noting that the Jagpal Singh ruling's ratio of law was fully applicable to the instant case, the Court, finding no merit in the petition, dismissed it.

Case title - Gurmukh Singh v. State of Punjab and others

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