Haryana proposes to do away with market rate condition for regularisation of unauthorised constructions
The state assembly had in November 2024 amended the Haryana Village Common Lands (Regulation) Act to exclude shamlat deh lands which were leased out prior to the commencement of the Punjab Village Common Lands (Regulation) Rules, 1964, by the collector under the Haryana Utilisation of Lands Act, 1949, for a period of 20 years from the ambit of shamlat deh
The Haryana government will table an Amendment Bill in the state assembly to do away with a stipulation of charging market rate imposed on gram panchayats for selling shamlat deh land having unauthorised constructions to the inhabitant of the village.
The state assembly had in November 2024 amended the Haryana Village Common Lands (Regulation) Act to exclude shamlat deh lands which were leased out prior to the commencement of the Punjab Village Common Lands (Regulation) Rules, 1964, by the collector under the Haryana Utilisation of Lands Act, 1949, for a period of 20 years from the ambit of shamlat deh.
The 2024 amendment in the law also allowed regularisation of unauthorisedly constructed house on pieces of shamlat land of up to 500 square yards (including open space) by transferring shamlat deh land by selling it to the inhabitants who constructed houses on or before March 31, 2004, at a price which is not less than the prevailing market rate.
Officials said that the government later realised that it would be difficult to determine the market rate for village lands in each individual case and the gram panchayat should be allowed to sell such land at prices prescribed by the government. Hence, the law is proposed to be amended again.
“Keeping in view the difficulty of determining market rate in each individual case as per policy dated November, 25, 2021 issued by the revenue department, it is proposed that a provision may be made that gram panchayat may sell such lands at the rate as may be prescribed,’’ the statement of object and reasons of the Amendment Bill said.
The Amendment Bill also proposes to empower the director, panchayats, to grant approval to gram panchayat for the regularisation of houses unauthorisedly constructed on shamlat deh land. Such matters, as per the rules of business, have to be approved by the Council of Ministers. The Amendment Bill says that it would be very difficult to place individual matters for the grant of approval to gram panchayats for the regularisation of houses unauthorisedly constructed on lands in shamlat deh on or before March 31, 2004, before the Council of Ministers. “Therefore, it is proposed to empower the director, panchayats to grant approval to gram panchayats in such cases,’’ the Amendment Bill says.
