The Punjab and Haryana High Court has upheld the transfer of an abandoned drain land by the Gram Panchayat of Village Papri, Mohali, to a private developer, ruling that such watercourses are not part of the active village common land and can be sold under Rule 12-A of the Punjab Village Common Land (Regulation) Rules, 1964.
The case was heard by Justice Sureshwar Thakur and Justice Vikas Suri, who dismissed a writ petition challenging the sale. The Court observed:
“The subject land, though a drain (nallah), has not had water flow for several years, making it abandoned or dysfunctional. Therefore, the approval granted by the State Government does not warrant interference.”
Background of the Case
The Gram Panchayat owned 46 kanals and 7 marlas of land, including 43 kanals 18 marlas classified as "gair mumkin drain". In 2016, Janta Land Promoters Pvt. Ltd. (JLPL) proposed to purchase the land at collector rates. The Gram Sabha passed a resolution to this effect, and the State Government approved the sale in 2017 at ₹3 crore per acre. An agreement was signed, ₹50 lakh was received as earnest money, and possession was handed over, although the sale deed remained unexecuted.
Amendments to Rule 12-A in 2014 and 2016 allowed Panchayats to sell abandoned watercourses not in use, subject to government approval. The Irrigation Department, in its 2017 communication, confirmed the drain had been replaced by underground pipelines laid by GMADA and declared:
“There is no need of this nullah as it has been replaced and does not obstruct the natural water flow. No objection to sale is raised.”
The Wajib-ul-Arz also confirmed there was no river or stream nearby, and the so-called drain was private and non-functional.
The petitioner claimed the drain was vital for natural water flow and challenged the 2017 approval order. The Court, however, rejected the argument, noting the drain was obsolete and:
“The laid down procedure under Rule 12-A was followed, the approval was valid, and the transaction was in public interest.”
The Court also highlighted that the funds from the sale were to be used for village development, such as streets, drains, and lights.
The writ petition was dismissed, and the Court found no illegality or procedural lapses in the sale of the land:
“The approval has not been challenged and aligns with legal provisions. The transaction is valid.”
This judgment clarifies the legal scope for selling abandoned public assets when due procedure is followed and there is no functional public use.
Title: GURJEET SINGH v. STATE OF PUNJAB AND OTHERS
