Himachal govt tables Bill to protect public utilities: ‘land given for public use cannot be reclaimed’

The Bill was introduced by Education Minister Rohit Thakur as Revenue Minister Jagat Singh Negi was not present in the House.

“Public utilities such as roads, paths, canals, drains, embankments, irrigation channels, public health works, public institutions and buildings have, in many instances, been established on lands originally owned by private individuals or entities. Such use was often permitted through oral agreements, oral gifts or long acquiescence, and substantial public funds have since been invested in their maintenance and development,” as pert the Statement of Objects and Reasons of the Bill.

“By reason of long usage and conduct of the owners, these lands have acquired the character of public utility lands, thereby creating rights and interests in favour of the public. With the escalation of land values, however, attempts are being made by certain individuals or entities to reclaim such lands or assert exclusive rights over them, resulting in disruption of essential services and loss of public resources. In many cases, the origin of such utilities cannot be traced, as some of them pre-date the Punjab Reorganisation Act, 1966. This has led to serious administrative and financial difficulties for the Government, including disruption of road connectivity, water supply and other essential public services. It has thus become expedient in the larger public interest, to enact a law to safeguard such lands as public utility lands and to ensure continuity of essential public services,” it adds.

According to the Bill, no person, society, partnership firm, or trust will be allowed to obstruct, alter, or destroy such land being used for public purposes, nor will anyone have the right to claim ownership or other rights over such public utilities. If anyone interferes, the Collector (District Magistrate) will provide the concerned person an opportunity of hearing before passing an order.

Any person aggrieved by the Collector’s order may file an appeal before the Divisional Commissioner within 30 days. Further, a revision petition may be filed before the Financial Commissioner against the Divisional Commissioner’s order, and the decision of the Financial Commissioner will be final.

The law also specifies that civil courts will not have jurisdiction over disputes covered under this Act or the rules framed under it. Additionally, a legal safeguard has been provided for government officials and employees, stating that no case, prosecution, or legal proceedings can be initiated against them for actions taken in good faith under this law.

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Congress MLA Malender Rajan (Indora) raised the issue of destruction due to the floods and incessant rain in his Assembly constituency. He blamed the excess release of water from the Pong Dam for the destruction in Indora, which falls in a low-lying area in Kangra. He said, “For the first time, such large-scale devastation has been witnessed in Indora town and surrounding areas. Roads, bridges, culverts, poles, and pathways have suffered extensive damage. Numerous houses, shops, cowsheds, and private properties have been affected. Farmers’ lands, crops, and orchards have been completely destroyed. Flooding has disrupted normal life, severely impacting basic amenities for the people. This situation is extremely distressing and a matter of grave concern for the general public”.

Responding, Deputy Chief Minister Mukesh Agnihotri assured the House that concerns of the MLA and people of Indora are in the knowledge of state government.

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