Punjab & Haryana High Court, Chandigarh
Citation2009 SCC OnLine P&H 5678
CourtPunjab & Haryana High Court
Date2009
Year2009
BenchHemant Gupta, Augustine George Masih JJ.
Acts/ArticlesPunjab Village Common Lands (Regulation) Act 1961, Haryana Panchayati Raj Act 1994
CategoryHaryana-Specific, Property & Land Law

Key Principle Established

Gram Panchayat has locus standi to protect village common lands. Encroachment on pond (johad), cremation ground, or charanghah must be removed by the State.

Brief Facts

The Gram Panchayat filed a petition seeking removal of encroachments on village common lands including the pond (johad), cremation ground, and grazing land (charanghah).

Ratio Decidendi

The Court held that the Gram Panchayat has locus standi to protect village common lands and directed the State to remove encroachments. Common lands including ponds, cremation grounds, and charanghah are inalienable public property that must be preserved.

Impact & Significance

Empowered Gram Panchayats in Haryana to actively protect common lands through courts. Regularly cited in encroachment removal proceedings.

Tags & Related Topics

Haryana-Specific Property & Land Law Punjab Village Common Lands (Regulation) Act 1961 Haryana Panchayati Raj Act 1994
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Disclaimer

This judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).

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