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Home India News Illegal Occupants Of Government Land Can't Claim Regularisation: Top Court

Illegal Occupants Of Government Land Can’t Claim Regularisation: Top Court


Unlawful occupation of panchayat land can solely be as per coverage of the state, the court docket stated.

New Delhi:

Individuals in unlawful occupation of presidency or panchayat land can not declare regularisation as a matter of proper, the Supreme Courtroom has stated.

A bench of Justices DY Chandrachud and MR Shah stated regularisation of the unlawful occupation of presidency or panchayat land can solely be as per the coverage of the state authorities and the circumstances stipulated within the guidelines.

The highest court docket was listening to a plea filed by residents of Sarsad village in Tehsil Gohana in Haryana’s Sonepat district who encroached upon panchayat land and constructed homes.

The Haryana authorities in 2000 framed a coverage relating to sale of panchayat land in unauthorised possession exterior “Abadi Deh” (the residential space of a income property).

Haryana additionally amended the Punjab Village Frequent Lands (Regulation) Guidelines, 1964 and issued a notification in 2008.

Thereafter, in 2008, Rule 12(4) was integrated within the 1964 Guidelines when it comes to the notification dated January 3, 2008, which authorises Gram Panchayat to promote its non- cultivable land in Shamlat Deh (vacant land) to the inhabitants of the village who’ve constructed their homes on or earlier than March 31, 2000.

The petitioners on this case, who had been in unlawful possession of the land belonging to Gram Panchayat, made an software below Rule 12(4) of the Punjab Village Frequent Lands (Regulation) Guidelines, 1964.

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The Deputy Commissioner, Sonepat, on perusal of the document and the location report, rejected their software holding that because the candidates are in unlawful occupation of the world greater than the required space as much as a most of 200 sq. yards, they don’t seem to be entitled to the good thing about Rule 12(4).

The Punjab and Haryana Excessive Courtroom dismissed a writ petition difficult the order handed by the authority.

The highest court docket held the competent authority in addition to the excessive court docket each are justified in taking the view that because the respective petitioners are in unlawful occupation of the world greater than the required space as much as a most of 200 sq. yards, they don’t seem to be entitled to the good thing about Rule 12(4).

“It’s required to be famous that the individuals in unlawful occupation of the Authorities Land/Panchayat Land can not, as a matter of proper, declare regularization. Regularisation of the unlawful occupation of the Authorities Land/Panchayat Land can solely be as per the coverage of the State Authorities and the circumstances stipulated within the Guidelines,” the bench stated.

The highest court docket stated that whether it is discovered that the circumstances stipulated for regularisation haven’t been fulfilled, such individuals in unlawful occupation of the federal government or panchayat land usually are not entitled to regularisation.

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