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In 2003, an attempt to encroach upon a pond in a village Patiala district, Punjab, set a precedent that would affect commons — shared community resources — across India.
Jagpal Singh, a resident of Rohar Jagir village, attempted to build two houses over an 18-acre pond, raising concerns among fellow villagers like Dev Singh and other members of the Gram Panchayat, who pointed out that the encroached land was on a ‘gair mumkin’ (uncultivable) waterbody.
The dispute escalated to the district collector, who sided with the encroacher and directed the Gram Panchayat to recover the land cost and regularise the unauthorised construction.
Dissatisfied with this decision, the issue was taken to the joint development commissioner, who reversed the collector’s decision, ordering the eviction of the illegal occupants. In 2010, the Punjab and Haryana High Court also ruled in favour of the community, asserting that “unauthorised occupants of panchayat properties deserve no sympathy, whether in law or in equity.”
The case revealed that, besides Jagpal Singh, around 80 other villagers had encroached upon the pond over time. The pond was crucial for livestock, played an ecological role in recharging groundwater and supported seasonal pastoral migrants.
The HC dismissed arguments about ancestral possession or similar encroachments by others, emphasising that such factors were irrelevant in the eyes of the law.
Aggrieved by the eviction orders, Singh appealed to the Supreme Court of India.
The landmark judgment by the apex court in 2011 in the case led to a push for the eviction of illegal occupants from commons across India and mandated the state governments and union territories to implement schemes for restoring these commons. Since then, approximately 460 High Court judgments have cited the Jagpal Singh case to uphold the protection of commons.
However, a recent visit by Down To Earth to the village revealed that illegal structures on the pond continue to be used by villagers as cowsheds or storage rooms.
Roughly 10-15 acres of the remaining pond area are now neglected, overgrown with invasive water hyacinth and used as a sewage dump.
The village panchayat now considers the land disputed and is wary of taking any action.
The Sarpanch Lucky expressed concerns that demolishing the houses could provoke backlash, leaving the Gram Panchayat unable to reclaim the land for communal use. “Many of the houses belong to poor families and limited access to them provides some relief,” he said.
Villagers are awaiting a long-term solution and government intervention.
“There should be some form of compensation or alternative land allocation, as many did not know they were living on encroached land for generations,” said Sandeep Sharma, who lost his house along with three other properties belonging to his relatives following court orders.
Villagers have urged the government to address the needs of those unable to afford new homes.
Lucky added that recognising villagers’ long-standing possession of property would be beneficial. “In this region, villagers rarely register their property or hold ownership documents,” he said.
He further explained that the court’s blanket order impacted the entire community, many of whom were unaware that their homes were on panchayat land until the court’s decision came as a shock.
Seeking a resolution, the Gram Panchayat approached Member of Legislative Assembly (MLA) Harmeet Singh Dhillon Pathanmajra, who represents Sanour Assembly constituency. “A few years ago, the MLA called for legislation allowing poor villagers to officially register ownership of their property, which would enable them to seek loans and prevent future evictions,” he explained.
A formal notification on the matter is, however, still awaited.