{"id":243593,"date":"2021-02-08T22:54:34","date_gmt":"2021-02-08T17:24:34","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=243593"},"modified":"2021-02-12T10:47:28","modified_gmt":"2021-02-12T05:17:28","slug":"illegally-occupying-government-panchayat-land-supreme-court-says-you-cannot-claim-regularization-as-a-matter-of-right","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/02\/08\/illegally-occupying-government-panchayat-land-supreme-court-says-you-cannot-claim-regularization-as-a-matter-of-right\/","title":{"rendered":"Illegally occupying Government\/Panchayat Land? Supreme Court says you cannot claim regularization as a matter of right"},"content":{"rendered":"

Supreme Court<\/strong>: In the case where two petitioners had encroached upon the Panchayat land and had constructed houses on it, the bench of Dr. DY Chandrachud and MR Shah*,<\/strong> JJ has held,<\/p>\n

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\u201cThe 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 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.\u201d<\/span><\/p>\n<\/blockquote>\n

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Background<\/strong><\/span><\/h3>\n
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In the present case, the lands on which the petitioners had constructed the houses vested in the Gram Panchayat. In the year 2000, the Government of Haryana framed a policy regarding sale of panchayat land in unauthorised possession inside outside the Abadi Deh and also amended the Punjab Village Common Lands (Regulation) Rules, 1964 and issued a notification dated 1.8.2001 in this regard. Thereafter, in 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<\/em><\/strong>.<\/p>\n

The competent authority after giving an opportunity of personal hearing to the writ petitioners and on perusal of the record and the site report which was verified by visiting the relevant place found that petitioner no.1 \u2013 Joginder was in illegal occupation of the area admeasuring 757.37 square yards and petitioner no.2 -Karamveer was found to be in illegal occupation of the area admeasuring\u00a0\u00a0 239.48 square yards, rejected the prayer of the petitioners to sell the land in exercise of powers under Rule 12(4) of the 1964 Rules.<\/p>\n

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Analysis<\/strong><\/span><\/h3>\n
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As per Rule 12(4) of the 1964 Rules,<\/p>\n