Abandoned Watercourses Not Under 'Village's Common Land' Can Be Transferred As Private Property: Punjab & Haryana High Court

The Punjab and Haryana High Court has dismissed a plea challenging the transfer of an alleged Gram Panchayat land disturbing the water course of drain, to a private developer, observing that the watercourse was already abandoned long time ago.

Referring to Punjab Village Common Land (Regulation) Rules, Justice Sureshwar Thakur and Justice Vikas Suri said, "the abandoned paths or watercourses not under use in shamlat deh can be transferred by sale in accordance with the laid down procedure."

Facts In Brief

The Gram Panchayat of Village Papri (Mohali) owned 46 kanals 7 marlas of land, mostly classified as gair mumkin drain (nalla), passage, and Abhi land.

 Amendments to Rule 12-A of the Punjab Village Common Land (Regulation) Rules, 1964 in 2014 and 2016 allowed Gram Panchayats to sell shamlat land to government bodies or approved entities for public interest projects.

In 2016, Janta Land Promoters Pvt. Ltd. (JLPL) expressed interest in purchasing the land at collector rates. A Gram Sabha resolution followed on 12.07.2016 to sell the land to JLPL.

A committee led by the Deputy Commissioner assessed the land's value at Rs. 3 crore per acre, approved by the Punjab Government in 2017.

An agreement was signed on 20.03.2017. Rs. 50 lakh was received as earnest money, and possession was handed over to JLPL, but no sale deed was executed.

A plea was filed against the sale and the Court directed the Deputy Commissioner and DDPO to investigate. Authorities stated the sale followed legal policy, and the land was still in Panchayat's possession.

The Nalla (drain) had already been made underground by JLPL and was no longer required for irrigation, as confirmed by the Department of Irrigation, which raised no objections to the sale.

The Wajib-ul-Arz and consolidation scheme confirmed that no river or pond existed near the village, and the drain was in private land, further supporting the claim that the land was not critical for public water flow.

The petitioner argued that the sale of 43 kanals 18 marlas of land (a drain/nallah) was illegal as it would obstruct the natural water flow and challenged the validity of the government's approval (dated 16.02.2017) for the land sale, arguing it did not comply with Rule 12-A of the 1964 Rules.

Opposing the plea, the Irrigation Department clarified in a letter dated 17.10.2017 that the drain was no longer in use. GMADA had already diverted the water flow via underground pipelines, rendering the old drain obsolete and non-functional.

After hearing the submissions, the Court said that the land was an abandoned drain, fitting within Rule 12-A(2) which allows sale of such land.

It noted that a proper price was fixed by a government committee (Rs. 3 crores per acre) and the approval followed the correct procedure and had not been legally challenged.

"The subject land though is a drain (nallah) but yet water has not entered in the said drain for the last several years, wherebys, the said drain is an abandoned or a dis-functional drain, therebys, the approval to the resolution (supra), as granted by the State Government does not require any interference. Moreso, when the said approval has not been challenged," observed the bench.

In the light of the above, the plea was dismissed.

Title: GURJEET SINGH v. STATE OF PUNJAB AND OTHERS

Click here to read/download the order