Context:

• In a significant move aimed at addressing the ownership and utilization of village common lands, the Haryana Cabinet has approved an ordinance to amend the Haryana Village Common Lands (Regulation) Act.

Key Points:

• This decision seeks to provide relief to farmers who have been cultivating these lands, known as 'shamlat deh', for decades. Additionally, it aims to empower Panchayats to regularize old housing constructions on such lands, thereby enhancing local governance and community welfare.

Key amendments and provisions

The amendments introduced by the ordinance encompass several critical provisions:

• Ownership of 'shamlat deh' land: The amendment specifically excludes land in 'shamlat deh' that was leased for 20 years under the East Punjab Utilization of Lands Act, 1949, from the purview of the Act. This exclusion applies provided that the original allottee, transferee, or their legal heirs have maintained continuous cultivating possession of the land.
   
• Transfer of ownership rights: The original lessee, transferee, or their legal heir will be required to pay a specified amount to the Gram Panchayat for the transfer of ownership rights. The amount will be determined by the collector based on prescribed principles and procedures, ensuring a fair valuation process.
   
• Sale of panchayat land: The ownership of Panchayat land will be transferred by sale to village inhabitants who constructed houses on or before March 31, 2004. This transfer is capped at a maximum of 500 square yards, including open space, and will be conducted at a rate not less than the prevailing market fee.

Objectives

The amendments aim to achieve several objectives:

• Benefit to farmers: The primary goal is to benefit thousands of farmers in Haryana who have been cultivating 'shamlat deh' lands for extended periods. By formalizing their rights, the government seeks to enhance their livelihoods and provide them with security over the lands they have worked on.
   
• Regularization of old cases: The amendments facilitate the regularization of old cases where houses have been constructed on Panchayat land, thereby addressing long-standing issues of land tenure and ownership disputes.
   
• Income for panchayats: The sale of land to local inhabitants will generate much-needed income for Panchayats, enabling them to invest in community development and infrastructure projects.