Haryana Cabinet Approves Amendment to Village Common Lands Rules
The Nayab Singh Saini-led Haryana state cabinet has given its approval to a significant amendment to the Haryana Village Common Lands (Regulation) Rules, 1964. This amendment, along with a newly framed policy, establishes a clear procedure for providing passage or rasta through shamlat deh lands to facilitate private development projects.
Key Provisions of the Amendment
The cabinet approved the addition of Rule 5A to the existing 1964 rules. This new rule stipulates that when a person or entity intends to establish a project requiring a Change of Land Use (CLU) or a licence from a concerned authority, and the project land lacks adequate access to meet the conditions of that CLU or licence, a new passage can be earmarked.
The process is initiated by a request from the project proponent. It then requires a resolution from the concerned gram panchayat passed by a three-fourths majority, followed by a resolution from the gram sabha passed by a two-thirds majority. Upon these approvals, the state government may designate a new passage through the shamlat land of that panchayat to provide access to the project site.
Ownership and Compensation Mechanism
Critically, the newly earmarked passage will remain the property of the gram panchayat and will be available for common use by the village community. In exchange for this access, the project proponent must transfer ownership rights of land to the panchayat. The amount is calculated as either:
- 5% of the total project or licensed area, or
- Four times the size of the land earmarked for the passage,
whichever is greater. This transferred land will become part of the area approved for the project and must be provided in a fully developed form, with access to all utility services available in the main project area.
Addressing Past Difficulties
The amendment directly addresses a long-standing issue. Infrastructure, housing, industrial, and commercial projects often require permissions like CLU and licences from various government departments. These permissions typically mandate a passage of requisite width. Historically, providing such a passage through shamlat deh land was problematic because the sale or long-term lease of this common land was not permissible.
This legal hurdle created significant delays and complications for project developers. The newly approved amendment and its accompanying policy, which outlines detailed conditions and standard operating procedures, are designed to streamline this process and remove these obstacles, thereby facilitating smoother project implementation.
Policy Framework and Compliance
Alongside the rule amendment, the cabinet also approved a comprehensive policy framed under Rule 5A. This policy document provides the finer details of other conditions and the standard operating procedures that must be followed. All other terms and conditions will be specified by the state government from time to time, and the concerned person or entity must comply with them fully.
The amended rules are formally titled the Haryana Village Common Lands (Regulation) Amendment Rules, 2026. This move is seen as a step towards balancing the needs of private development with the protection and benefit of village common resources.
