JOGINDER AND ANOTHER versus STATE OF HARYANA AND OTHERS

JOGINDER AND ANOTHER versus STATE OF HARYANA AND OTHERS

Rule 12(4) permits regularisation only where the total illegal occupation, including constructed area, open space and appurtenant area, does not exceed 200 square yards; petitioners were found to be in illegal occupation of areas exceeding 200 square yards and therefore are not entitled to regularisation under Rule 12(4), so the High Court's dismissal is upheld.

Parties
Petitioner: Joginder; Petitioner: Karamveer; Respondent: State of Haryana and Others
Jurisdiction
India
Judgment Date
05 February 2021
Procedural Posture
Special Leave Petition (civil) No. 1829 of 2021 / Appeal From High Court Judgment
Outcome
Special Leave Petition dismissed
Legal Topics
Regularization of Unauthorized Occupation, Panchayat/shamlat Land, Interpretation of Rule 12(4) of Punjab Village Common Lands (regulation) Rules, 1964, Encroachment and Eviction
Land Law Administrative Law Property Law Regularization of Unauthorized Occupation Panchayat/shamlat Land Interpretation of Rule 12(4) of Punjab Village Common Lands (regulation) Rules, 1964 Encroachment and Eviction

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Parties

Joginder

Petitioner

Karamveer

Petitioner

State of Haryana and Others

Respondent

Procedural Posture

Special Leave Petition (civil) No. 1829 of 2021 / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether persons in illegal occupation of panchayat land exceeding 200 square yards are entitled to regularization under Rule 12(4) of the Punjab Village Common Lands (Regulation) Rules, 1964
  2. 2 Whether the 200 square yards cap in Rule 12(4) applies only to constructed area or to total illegal occupation including constructed area, open space and appurtenant area

Ratio Decidendi

Rule 12(4) permits regularisation only where the total illegal occupation, including constructed area, open space and appurtenant area, does not exceed 200 square yards; petitioners were found to be in illegal occupation of areas exceeding 200 square yards and therefore are not entitled to regularisation under Rule 12(4), so the High Court's dismissal is upheld.

Court Disposition

Special Leave Petition dismissed

Orders

  • Special Leave Petition (Civil) No. 1829 of 2021 dismissed.
  • Impugned judgment and order of the High Court dated 10.11.2020 is affirmed.