Haryana Amends Common Lands Act to Regularize Long-Term Occupancy and Constructions

The Haryana Village Common Lands (Regulation) Amendment Act, 2024, a significant legislative instrument from the State Legislature of Haryana, received the assent of the Governor on November 29, 2024, and was subsequently published for general information on December 12, 2024. This Act, which is deemed to have come into force with effect from August 16, 2024, introduces crucial changes to the Haryana Village Common Lands (Regulation) Act, 1961 (referred to as the principal Act), primarily aimed at regularizing certain categories of land occupancy and constructions on village common lands, known as 'shamilat deh'. The enactment follows the repeal of the Haryana Village Common Lands (Regulation) Amendment Ordinance, 2024, ensuring that actions taken under the Ordinance are deemed valid under the new Act.

A key provision of the amendment involves the redefinition of 'shamilat deh' by inserting a new sub-clause (ii-b) into clause (g) of section 2 of the principal Act. This new sub-clause excludes lands that were originally 'shamilat deh' but had been leased out prior to the commencement of the Punjab Village Common Lands (Regulation) Rules, 1964, by the Collector under the Haryana Utilization of Lands Act, 1949, for a period of twenty years. For such lands to be excluded, they must have been in continuous cultivating possession of the original lessee, transferee, or their legal heir, as per revenue records, on the date of the amendment Act's commencement. This change directly impacts the vesting of such lands in Panchayats. The legislation provided: “…where any land has vested in Panchayat under this Act, but such land has been excluded from shamilat deh under sub-clause(ii-b) of clause (g) of section 2, all rights, title and interest of the Panchayat in such land, from the date of commencement of this amendment Act shall cease and all such rights, title and interest in such land shall vest in the original lessee, transferee or his legal heir who is in cultivating possession as per the entries in the revenue records as on the date of commencement of this amendment Act subject to the payment of an amount to the Panchayat, as may be determined in accordance with such principles and in such manner, as may be prescribed by the Collector on an application by the said lessee, transferee or his legal heir.” This means that the rights, title, and interest of the Panchayat in such lands will cease, and these will vest in the cultivating lessee, transferee, or legal heir, contingent upon a payment to the Panchayat as determined by the Collector.

Furthermore, the Act introduces a new sub-section (1A) into section 5A of the principal Act, which empowers Panchayats to transfer their non-cultivable land in 'shamilat deh' by sale. This transfer is permissible to inhabitants of the village who constructed a house or part thereof on or before March 31, 2004, along with an open space up to twenty-five percent of the constructed area, provided the total area does not exceed five hundred square yards. Crucially, such constructions must not obstruct traffic or other public utilities, nor can they be on land reserved for ponds, water bodies, or 'revenue rasta' (paths) as recorded in revenue records. The sale must occur at a rate not less than the market rate, to be determined in a prescribed manner, and requires the prior approval of the State Government.

The legislative intent behind the Haryana Village Common Lands (Regulation) Amendment Act, 2024, is to address long-standing issues concerning the ownership and regularization of lands that were historically part of 'shamilat deh' but have been under continuous private occupation or development. The earlier legal position, established by the 1961 Act, generally vested all 'shamilat deh' lands in Panchayats, leading to complexities for individuals who had been cultivating or residing on such lands for decades, often under old lease agreements. This amendment aims to fill statutory gaps by providing a legal framework for regularizing such long-term cultivating possessions and for formalizing the ownership of residential structures built on non-cultivable common lands. By recognizing the de facto situations of continuous possession and construction, the Act seeks to resolve potential disputes and provide clarity regarding land titles. The policy rationale underscores a move towards formalizing land records and granting ownership rights to eligible occupants, thereby promoting stability and reducing litigation. The enforcement mechanism for these new provisions involves the Collector determining the amount payable to the Panchayat for vesting of rights and the State Government's approval for the sale of non-cultivable lands.

Keywords: Haryana Village Common Lands, Amendment Act 2024, Shamilat Deh, Land Regularization, Panchayat Land, Cultivating Possession, Haryana Legislation, Land Ownership Geo Tags: India, Haryana District: Not Applicable