Context:
In November 2024, the Haryana Legislative Assembly amended the Haryana Village Common Lands (Regulation) Act, 1961, enabling the conversion of unauthorised occupations of Shamilat deh (village common lands) into private ownership.
In 2025, the amendment was further streamlined by shifting approval powers and diluting the requirement of market-rate valuation, raising concerns regarding equity and social justice.
Key Highlights:
• Government Initiative / Policy Details
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Legalisation of encroachments on Shamilat deh through payment-based regularisation.
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Transfer of approval authority to simplify the process.
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Relaxation of earlier provisions requiring strict market-rate pricing.
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Objective:
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Reduce litigation in revenue courts
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Generate revenue for Gram Panchayats
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Resolve long-pending disputes over common lands
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• Data and Scale of the Issue
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A 2007 study found that 14.18% of cultivable Shamilat land was under encroachment.
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By 2009–10, nearly 19,476 encroachment cases were pending in revenue courts.
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Studies from Bhiwani and Karnal districts revealed that dominant landowners and outsiders disproportionately benefited from common lands.
• Stakeholders Involved
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Dalit and landless households dependent on common lands
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Dominant agrarian castes and local elites
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Gram Panchayats
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Revenue administration and State government
• Significance / Concerns
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Common lands act as a collective livelihood resource, especially for marginalised groups.
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Regularisation based on ability to pay may institutionalise inequality.
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Risk of elite capture in a socially stratified agrarian structure.
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Potential undermining of Dalit customary access rights historically denied through patronage networks.
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Raises tension between administrative efficiency and social justice in land policy.
Relevant Prelims Points:
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Shamilat Deh: Village common land governed under the Haryana Village Common Lands (Regulation) Act, 1961.
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Common lands include:
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Grazing grounds
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Village ponds
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Pathways
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Community agricultural land
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Panchayats are custodians of common lands under Article 243G (73rd Constitutional Amendment).
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Encroachment regularisation policies differ across states; some states allocate common lands to the landless and SC/ST households.
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Revenue courts handle disputes related to land encroachment and tenancy.
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Legalisation of encroachments may conflict with principles of equity, distributive justice, and constitutional morality.
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Commons also serve ecological functions — groundwater recharge, biodiversity conservation, and grazing sustainability.
Relevant Mains Points:
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GS 1 (Indian Society):
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Land ownership patterns reflect caste hierarchies and agrarian power structures.
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Regularisation without safeguards may deepen social exclusion of Dalits.
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GS 2 (Social Justice & Governance):
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Balancing efficiency in governance with equitable redistribution.
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Role of Panchayati Raj Institutions in protecting common property resources.
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Policy risks converting a public welfare resource into private capital accumulation.
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Need for safeguards against elite capture in decentralised governance.
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Ethical Dimensions:
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Conflict between legal regularisation and historical injustice.
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Governance choices must align with constitutional values of equality (Article 14) and social justice (Directive Principles).
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• Way Forward:
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Conduct socio-economic profiling before regularisation to prioritise SC/ST and landless households.
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Exclude ecologically sensitive commons from conversion.
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Ensure transparent valuation mechanisms and independent audits.
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Allocate a portion of proceeds toward distributive justice measures.
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Strengthen Panchayat-level oversight and community participation.
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Integrate land policy with social justice objectives, not merely administrative convenience.
UPSC Relevance (GS-wise):
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GS 1: Caste, agrarian structure, rural social change
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GS 2: Governance, Social Justice, Panchayati Raj
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GS 3: Land reforms, Inclusive development
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Prelims: Panchayati Raj, Common property resources, Constitutional provisions