Return of village land

Supreme Court asks states to evict illegal occupants of village commons
Return of village land

JAGPAL SINGH and Dev Singh of Jagir Rohar village in Patiala have little idea that their enmity has resulted in a landmark judgement by the Supreme Court that would bear implications for the rural population of the country.



In its January 28 decision in the case concerning encroachment of common land by Jagpal Singh, the apex court directed all state governments to prepare schemes for the eviction of those occupying village commons and restore them to the community. It asked the states to submit compliance reports by May.

Activists have hailed the judgement. Common property resources, which constitute 15 per cent of the country’s total area, are shrinking at the rate of 1.9 per cent every five years due to encroachment, as per the National Sample Survey Organisation. Since Independence, more than 834,000 hectares of village commons have been encroached. Village commons include everything from pastures, forests and common threshing grounds to ponds, irrigation channels and rivers, and play an important role in rural economy (see ‘India’s commons’).

India’s commons
 
  Dependence of rural households

For firewood collection: 45% For fodder collection: 13% For grazing land: 20% Water for livestock: 30% Water for irrigation: 23%

Source: National Sample Survey Organisation
 
 
 
 
  If court had not acted against Jagpal, others would also have built houses on the land. This would have led to drainage problem in the village and parched the pond  
 
  — Jaswant Singh, a resident of Jagir Rohar  
 
 
A precedent

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