Paper: GS – II, Subject: Polity, Topic: Institutions, Issue: Regularising Encroachment on Village Lands.
Context:
The Haryana government has amended the Haryana Village Common Lands (Regulation) Act, 1961, allowing regularisation of unauthorised occupation (encroachment) of village commons (Shamilat land) through payment, aiming to reduce litigation and generate revenue for panchayats.
Key Takeaways:
Background & Context:
- Village commons (Shamilat deh) are legally meant to support:
- Grazing, fuel, water access
- Livelihoods of landless and marginalised groups
- Historically, these lands were statutorily protected, with portions earmarked for Dalits and landless households.
- The 2024–25 amendment expands approval powers and relaxes pricing norms to facilitate conversion of encroachments into ownership.
Core Issue:
The policy risks transforming illegal encroachment into legal private ownership, privileging those with ability to pay, while marginalised communities – especially landless Dalits – lose access to commons critical for survival.
Key Evidence & Data:
- A HIRD (Haryana Institute of Rural Development) study found:
- ~15% of encroachments backed by dominant castes and local elites.
- Dalit households often excluded due to inability to bid or pay lease rates.
- Estimated 28,628 acres of encroached shamilat land (≈14% of cultivable commons).
- Encroachment cases in revenue courts rose from 8,270 (1994–95) to 19,476 (2009–10).
Implications:
Social Justice:
- Undermines constitutional goals of equality (Article 14) and social justice.
- Weakens affirmative protections meant for SCs and landless farmers.
Governance:
- Shifts land policy from rights-based restitution to market-based settlement.
- Risks elite capture and reinforces historical land inequality.
Environmental & Livelihoods:
- Loss of commons reduces grazing land, water access, and ecological buffers.
- Threatens informal rural livelihoods and food security.
Legal & Constitutional Concerns:
- Village commons are a public trust, not disposable assets.
- Contradicts spirit of PESA and decentralised resource governance.
- Supreme Court judgments (e.g., Jagpal Singh vs State of Punjab, 2011) emphasise protection of commons.
Way Forward:
- Prioritise restitution-oriented regularisation, not blanket conversion.
- Exclude ecologically and socially critical commons from regularisation.
- Mandatory socio-economic and caste profiling before granting titles.
- Ensure independent audits, transparent panchayat processes, and grievance redressal.
- Earmark proceeds for land redistribution, SC welfare, and commons restoration.
https://www.thehindu.com/news/national/from-encroachment-to-legal-ownership/article70460233.ece
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