JOGINDER AND ANOTHER versus STATE OF HARYANA AND OTHERS

Citation: [2021] 1 S.C.R. 511 · Decided: 05-02-2021 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Dismissed
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Judgment (excerpt)

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   [2021] 1 S.C.R. 511
511
JOGINDER AND ANOTHER
v.
STATE OF HARYANA AND OTHERS
(Special Leave Petition (Civil) No. 1829 of 2021)
FEBRUARY 05, 2021
[DR. DHANANJAYA Y CHANDRACHUD AND
M.R. SHAH, JJ.]
Punjab Village Common Lands (Regulation) Rules, 1964 –
Regularization of the illegal occupation – Petitioners, who are the
residents of Village, encroached upon the panchayat land and
constructed the houses – The Government of Haryana framed a
policy regarding sale of panchayat land in unauthorised possession
– The r.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 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 r.12(4) of the 1964 Rules
– As per r.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 non-cultivable land; does not result in any obstruction
to the traffic and passer-by 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 – The petitioners submitted the
application before the competent authority and requested to sell
the lands occupied by them illegally and unauthorizedly, in exercise
of powers u/r. 12(4) – Their application was rejected as they were
in illegal occupation of the area admeasuring more than 200 square
yards – Writ petition filed by the petitioners was dismissed – On
appeal, held:  On a careful reading of r.12(4) of the 1964 Rules, it
is apparent that the illegal occupation of the panchayat land can
be regularised provided the area of the illegal occupation is up to a
maximum of 200 square yards – The competent authority as well as
the High Court both are justified in taking the view that as the
respective petitioners were in illegal occupation – The persons in
illegal occupation of the Government Land/Panchayat Land cannot,
as a matter of right, claim regularization – Regularization of the
illegal occupation of the Government Land/Panchayat Land can
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SUPREME COURT REPORTS
[2021] 1 S.C.R.
only be as per the policy of the State Government and the conditions
stipulated in the Rules –  If it is found that the conditions stipulated
for regularisation have not been fulfilled, such persons in illegal
occupation of the Government Land/Panchayat Land are not entitled
to regularization.
Jagpal Singh v. State of Punjab, (2011) 11 SCC 396 :
[2011] 2 SCR 250; State of Odisha v. Bichitrananda
Das, (2020) 12 SCC 649 – referred to.
Case Law Reference
[2011] 2 SCR 250
referred to
Para 3
(2020) 12 SCC 649
referred to
Para 8
CIVIL APPELLATE JURISDICTION: Special  Leave Petition
 (Civil) No. 1829 of 2021.
From the Judgment and Order dated 10.11.2020 of the High Court
of Punjab and Haryana at Chandigarh in CWP No. 17869 of 2020.
Rishi Malhotra, Adv. for the petitioiners.
The Order of the Court was passed by
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
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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
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