Haryana enacts law to protect long-standing public utilities, with strict penalties for disturbance

“The legislation is intended to prevent encroachments and safeguard public infrastructure that has been historically used by communities, ensuring that essential utilities remain available for public use across Haryana,” said an official.

Ambit, focus and prohibitions

Under Section 1, the law is titled the Haryana Prohibition of Change of Public Utilities Act, 2022. It will come into force on a date to be notified by the state government in the Official Gazette (March 5, 2026).

Section 2 defines key authorities and terms under the law. “The Collector refers to the Collector of a revenue district, including the Deputy Commissioner or any officer designated by the State Government to perform these functions; The Commissioner means the Divisional Commissioner of a revenue division or any officer appointed to perform similar duties; and The Financial Commissioner refers to an officer appointed by the State Government to hear revision petitions under the Act”.

The Act defines public utilities broadly to include “roads, paths, canals, drains, embankments, structures, irrigation channels, public health works, public institutions, buildings and any other facility used by the public or serving public benefit, whether free or paid, even if situated on land owned by individuals, companies, societies, partnership firms or trusts”.

According to Section 3, no person, including “individuals, companies, societies, partnership firms or trust, can disturb, change or demolish a public utility that is or has been used by the public”. The law also “bars any person from claiming such land exclusively if doing so deprives the public of its rights and benefits”.

“If any person interferes with a public utility, the Collector may take action either suo motu or upon receiving information about such interference. After giving the concerned party an opportunity to be heard, the Collector may order the restoration of the public utility to its original condition. The expenses incurred in restoring the facility can be recovered from the violator as arrears of land revenue,” the Act states.

Multi-tier grievance redressal mechanism

Under Section 3(3), an aggrieved person may file an appeal before the commissioner within 30 days of the Collector’s order. Under Section 3(4), a revision petition may be filed before the financial commissioner within 90 days of the Commissioner’s order. The financial commissioner’s decision is final.

Section 4 prescribes punishment for violations of the law. “Any person found guilty of disturbing or altering a public utility may face imprisonment of up to six months, a fine ranging from ₹2,000 to ₹10,000, or both”.

Under Section 5, individuals cannot claim damages or compensation for restrictions imposed by the Act or for being prevented from altering such public utilities. Section 6 directs the Collector to “ensure that such public utilities and associated public rights are entered into the Record of Rights in the appropriate revenue records, ensuring official recognition and long-term protection”. Section 7 bars civil courts from entertaining suits related to matters governed under this Act or the rules framed under it.

Under Section 8, the Haryana Government has the power to “issue orders to remove any difficulties in implementing the Act, provided such orders are issued within two years of the appointed date”. Section 9 grants protection to government officers and employees for actions taken in good faith under the Act or its rules.

Finally, Section 10 authorises the state government to frame rules through notification in the Official Gazette to effectively implement the provisions of the Act. Such rules must be placed before the Haryana Assembly during its session.