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After 28 years, Punjab & Haryana HC rules village common land belongs to proprietors, not municipal body

The Punjab and Haryana HC verdict in the 1997 Hoshiarpur case reaffirms ownership with village landowners while the panchayat or municipality holds only management rights.

3 min readChandigarhNov 19, 2025 07:52 PM IST

Justice Virinder Aggarwal pronounced the verdict on a 1997 regular second appeal and a connected writ petition arising from a civil suit filed in the early 1990s by proprietors of Khawaspur village (now in Hoshiarpur municipal limits) against the Hoshiarpur municipal committee. (Credit: Pixabay)

In a judgment delivered after nearly 28 years of litigation, the Punjab and Haryana High Court on Monday held that village common land recorded as “Jumla Mushtarka Malkan Hasab Rasad Khewat” in revenue records belongs to the proprietary body of the village and never vests in the gram panchayat or the municipal committee.

The original plaintiff, Atma Ram, who died during the prolonged litigation, was represented through legal heirs. The landowners had sought a permanent injunction restraining the municipal committee from interfering with their ownership rights over the disputed land.

The trial court dismissed the suit in 1993 and the first appellate court upheld the dismissal in 1997, prompting the second appeal (RSA-3434-1997) that remained pending for over two decades.

Relying on the full-bench judgment of the high court in Suraj Bhan and others v. State of Haryana and another (2017), Justice Aggarwal quoted, “The ‘Jumla Mushtarka Malkan’ lands are distinct and separate from the ‘shamlat deh’ lands. The ownership and title of the ‘Jumla Mushtarka Malkan’ lands… vest in the proprietary body of the village and not in the Panchayat; however, the management and control of these lands vest in the Panchayats.”

The court clarified that the gram panchayat, and later the municipal committee of Hoshiarpur (after the 1989 notification merging the village), enjoyed only management rights. It could continue to auction the land and use the income for village welfare, but could not claim ownership.

The bench also quashed a 1995 order passed by the consolidation officer allotting part of the land to individual villagers, ruling that the officer lacked jurisdiction while civil courts were already seized of the dispute.

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Timeline of the case
• 27 January 1989 — Khawaspur village merged into the Hoshiarpur municipal committee (Notification Ex.D-8)
• 24 December 1993 — Trial court dismisses the suit of proprietors
• 09 March 1995 — Consolidation officer passes controversial order allotting part of land to individuals
• 28 August 1997 — First appellate court dismisses the appeal of proprietors
• 1997 — RSA-3434-1997 and CWP-2548-1997 filed in Punjab & Haryana High Court
• 11 November 2025 — Hearing reserved by Justice Virinder Aggarwal
• 18 November 2025 — Final judgment pronounced
• 19 November 2025 — Judgment uploaded on high court website

(The second appeal remained pending in the high court for over 28 years.)

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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