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Thursday, 8 December 2011

Unauthorised occupants


Compounding of -- Gram Sabha land -- Ordinarily, compounding in such cases should only be allowed where the land has been leased to landless labourers or members of Scheduled Castes/Scheduled Tribes, or the land is actually being used for a public purpose of the village e.g. running a school for the villagers, or a dispensary for them. Jagpal Singh & Ors. v. State of Punjab & Ors., 2011(2) L.A.R. 187 (SC).
Gram Sabha land -- Trespassers illegally encroached on to the Gram Panchayat land by using muscle power/money power and in collusion with the officials and even with the Gram Panchayat – Held, such kind of blatant illegalities must not be condoned -- Even if the appellants have built houses on the land in question they must be ordered to remove their constructions, and possession of the land in question must be handed back to the Gram Panchayat. Jagpal Singh & Ors. v. State of Punjab & Ors., 2011(2) L.A.R. 187 (SC).
Eviction of -- Regularization of -- Shamilat deh -- Directions given 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 villagers of the village -- Said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing -- Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession -- Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land. Jagpal Singh & Ors. v. State of Punjab & Ors., 2011(2) L.A.R. 187 (SC).
Regularization of -- In many states Government orders have been issued by the State Government permitting allotment of Gram Sabha land to private persons and commercial enterprises on payment of some money – Held, all such Government orders are illegal, and should be ignored. Jagpal Singh & Ors. v. State of Punjab & Ors., 2011(2) L.A.R. 187 (SC).
Regularization of -- Pond -- Land recorded as a pond must not be allowed to be allotted to anybody for construction of a house or any allied purpose. Jagpal Singh & Ors. v. State of Punjab & Ors., 2011(2) L.A.R. 187 (SC).
Gram Sabha land -- Letter dated 26.9.2007 of the Government of Punjab permitting regularization of possession of unauthorized occupants is not valid – Held, such letters are wholly illegal and without jurisdiction -- Such illegalities cannot be regularized -- Common interest of the villagers cannot be allow to suffer merely because the unauthorized occupation has subsisted for many years. Jagpal Singh & Ors. v. State of Punjab & Ors., 2011(2) L.A.R. 187 (SC).

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