Clarifying the Scope of Rule 12‑A: Sale of Abandoned Shamlat Paths and Drains to Private Developers

1. Introduction

In Gurjeet Singh v. State of Punjab & Ors. (Punjab & Haryana High Court, 01.04.2025), the petitioner challenged the sale of 46 kanals 7 marlas of shamlat land—including a drain (“gair mumkin nallah”), an unused path (“gair mumkin rasta”) and “Abhi”—by Gram Panchayat Papri to a private colonizer, Janta Land Promoters Pvt. Ltd. The petitioner contended that this transaction violated Rule 12‑A of the Punjab Village Common Lands (Regulation) Rules, 1964 (“1964 Rules”), as amended, and would obstruct the natural watercourse.

Parties:

• Petitioner: Gurjeet Singh
• Respondents: State of Punjab, Gram Panchayat Papri, Janta Land Promoters Pvt. Ltd., and others
• Bench: Hon’ble Mr. Justice Sureshwar Thakur & Hon’ble Mr. Justice Vikas Suri

2. Summary of the Judgment

The High Court dismissed the writ petition under Articles 226/227 of the Constitution. It held that:

1. The 1964 Rules had been amended (02.05.2014 & 20.01.2016) to permit Panchayats, with government approval, to sell vested shamlat land—including abandoned drains and paths—to government bodies or to private entities executing government‑licensed projects.
2. The disputed drain had been rendered defunct by GMADA’s underground pipeline works, and the Irrigation Department confirmed there was no functional watercourse requiring protection.
3. The Gram Panchayat resolution, price fixation by the five‑member committee (Collector‑rate of ₹3 crore per acre) and government sanction (16.02.2017) complied with Rule 12‑A’s procedure.
4. No legal irregularity, mala fides or procedural defect warranted interference; earlier related petitions had been addressed and the relevant official inquiries were ongoing or concluded.

3. Analysis

3.1 Precedents Cited

The judgment does not rely on external case law but operates strictly within the statutory framework of the 1964 Rules and subsequent amendments. The Court refers to:

• CWP‑17366/2017 (Bachan Singh v. State of Punjab): A related petition concerning the same Panchayat sale, disposed of with directions for departmental inquiry.
• Constitution of India, Articles 226 & 227 (writ jurisdiction).
• The Punjab Village Common Lands (Regulation) Rules, 1964 – especially Rule 12‑A and Rule 6(3‑A)(2).

3.2 Legal Reasoning

The Court’s reasoning centers on statutory interpretation and factual assessment:

• Scope of Rule 12‑A(1) & (2): The 2014 amendment allowed sale of vested shamlat land to governmental bodies for public projects; the 2016 amendment expressly extended that permission to “abandoned paths (rastas) or watercourses (khals) not under use” when tied to government‑licensed development.
• Functional Status of the Nallah: Evidence (wajib‑ul‑arz, Irrigation Department memo dated 17.10.2017) proved the drain was obsolete—flow diverted into underground Hume pipes by GMADA—and posed no obstruction to natural drainage.
• Procedural Compliance: The Gram Sabha resolution (12.07.2016), district committee meeting (21.09.2016), rate fixation at ₹3 crore per acre, and State Government sanction (16.02.2017) satisfied the “previous approval” requirement in Rule 12‑A. No sale deed was executed pending payment, but earnest money and possession were delivered lawfully.
• Absence of Mala Fide: Allegations against the Sarpanch were under departmental inquiry; possession warrants executed; no proof of collusion or procedural breach surfaced.

3.3 Impact

This decision clarifies and reinforces that:

• Rule 12‑A’s amended provisions authorize the sale of disused or abandoned community drains/paths—even to private developers—so long as the project is government‑licensed and procedural safeguards are observed.
• Panchayats and state authorities must document the functional status of watercourses and ensure public interest certifications before sale.
• Future challenges to shamlat land transfers will hinge on (a) factual proof of continued public use of the land feature, (b) strict compliance with Rule 12‑A’s approval process, and (c) absence of mala fide or arbitrary conduct.

4. Complex Concepts Simplified

• Shamlat Land: Common village land vested in the Panchayat for communal use (e.g., grazing, pathways, drainage).
• Gair Mumkin Nallah/Rasta: “Impossible” or non‑cultivable drain or passage—often public drainage channels or footpaths.
• Abhi: A small portion of land reserved for village common facilities (e.g., wells, meeting halls).
• Collector Rate: Market value per acre as assessed by district revenue authorities, used here to fix sale price.
• Wajib‑ul‑Arz: Revenue record verifying village boundaries, features, and ownership.

5. Conclusion

The High Court’s ruling in Gurjeet Singh v. State of Punjab conclusively interprets Rule 12‑A of the 1964 Rules to permit sale of abandoned shamlat drains and paths to private developers engaged in government‑approved projects. It underscores the necessity of establishing non‑usage of the land feature, adhering to the elaborate procedural approvals, and safeguarding public interest. This precedent will guide village bodies, state authorities, and developers in structuring lawful transactions of community lands without infringing on constitutional writ jurisdiction.