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2012 DIGILAW 140 (PNJ)

Namrita Kanwar v. State of Punjab

2012-01-24

AJAY TEWARI

body2012
JUDGMENT Mr. Ajay Tewari, J.: (Oral) - By this writ petition, the petitioners have challenged the transfer of three acres of land owned by the Panchayat to respondent No.6 for setting up of sewerage treatment plant. 2. The plea taken was that rule 12 of the Punjab Village Common Lands (Regulations) Rules, 1964 (for short ‘the Rules’) has been violated. Rule 12 of the Rules reads thus :- “12. Purpose for which land may be sold.- (1) A Panchayat may, with the previous approval of the Government, sell land in Shamilat Deh vested in it under the Act for :- (i) the purpose of constructing building for Block Samiti Office or any department of or institution recognized by the Government; (ii) the purpose of any industrial or commercial concern; or (iii) executing such a scheme as may be a source of recurring income for the benefit of the inhabitants of the village; (iv) residential purpose of the inhabitants of the village; (v) for the purpose of financing the construction of building for schools and for veterinary and civil dispensaries in the Sabha area. (2) Where it is proposed to sell the land in Shamilat Deh under sub-rule (1), the Panchayat shall forward to Government a copy of its resolution passed by a majority of the three-forth of its members proposing to sell the land through the Panchayat Samiti and Divisional Deputy Director, Panhayati Raj stating-- (a) the area and location of the land proposed for sale; (b) the estimated income from the sale and whether the income would increase, if the land is sold after some years; (c) the reasons as to why the Panchayat wants to sell the land and the plans for utilization of the income from the sale. (3) The publicity for sale of land in Shamilat Deh by auction shall be made by the Deputy Commissioner in accordance with the procedure laid down in sub-rule (10) or Rule 6 on receipt of the approval of Government who shall also decide whether the land should be sold in one or more lots and the officer who should be present at the auction.” 3. Brief facts are that the Gram Panchayat of village Nikku Nangal consists of 9 members. Brief facts are that the Gram Panchayat of village Nikku Nangal consists of 9 members. On 25.6.2009, a meeting of the Gram Panchayat was called but no notice of the same was given to the petitioners, wherein a resolution was passed to transfer the land comprised only in Khasra No.472/3 to Municipal Council, Nangal for construction of sewerage plant. It has further been averred that again on 1.7.2009, respondents No.8 to 12 called a meeting without giving prior notice to the petitioners. Thereafter, in another meeting held on 12.7.2009, a resolution was passed by respondents No.8 to 12 stating that Municipal Council Nangal had made a demand of three acres of shamlat land from the Gram Panchayat for the purpose of construction of sewerage treatment plant. It is also averred that on the basis of the aforesaid resolutions, respondents No.2 to 5 accorded permission to the proposal sent by the Gram Panchayat for transferring shamlat land to Municipal Corporation, Nangal and on the basis of which, respondent No.1 has passed an order dated 23.12.2009 (Annexure P-4) granting approval for transfer of 32 kanals (4 acres) of land to Municipal Council, Nangal @ Rs. 6 lacs per acre. 4. Counsel for the petitioners has argued that the said proposal was not admittedly supported by 3/4 members of the Panchayat and consequently the entire action was vitiated. 5. Counsel for respondent No.6 has, however, argued that rule applicable would be rule 12A of the Rules which was first introduced in the year 2006 and lateron was substituted in the year 2008. 5. Counsel for respondent No.6 has, however, argued that rule applicable would be rule 12A of the Rules which was first introduced in the year 2006 and lateron was substituted in the year 2008. Rule 12A of the Rules is quoted herein below :- “12-A Transfer of Land.-- Notwithstanding anything contained in these rules, a Panchayat may, with the previous approval of the State Government, transfer the Shamilat Land vested in it by the ways and subject to the terms and conditions, mentioned below :- (a) By way of sale to any Government Department, its Boards, Corporations or local authorities for their projects or schemes, Corporations or local authorities for their projects or schemes, and for the projects, sponsored or aided by the State Government in which the share of the State Government is not less than 50 per cent; and (b) By way of lease up to fifty per cent of the culturable area of Shamlat Land, vested in a Panchayat up to a period of 33 years to any corporation, company, body corporate or any legal entity, whose projects or schemes have been approved and sponsored by any of the Administrative Departments of the State Government under any law or policy, notified by the State Government. Provided that :- (i) both the Panchayat and the State Government, on the recommendations of the sponsoring department, are satisfied that such transfer, and the terms and conditions thereof, are in public interest as well as in the interest of the Panchayat; (ii) the sponsoring Department independently certifies that the area of the land sought to be transferred, shall be commensurate with the requirements of the project or scheme, and that such land is an essential component for the implementation of such project; (iii) the transferee shall not use the land for any purposes, other than those, for which the shamlat land, has been transferred. However, if the circumstances warrant that the shamlat land is to be used for any purpose, other than that, for which, it was transferred, then the State Government may allow such change of use of land; (iv) the price of the shamlat land shall be determined by the District Price Fixation Committee headed by the Deputy Commissioner and comprising among others, the District Development and Panchayat Officer of the District and the concerned Block Development and Panchayat Officer and the Sarpanch of the concerned Panchayat. The land shall be transferred on the price, to be determined, by the said Committee. The Price determined by the Committee shall be valid for three months only from the date of determination; (v) the Panchayat shall be competent to transfer the land, free of cost or at a reduced price, for the Government projects, which are of benefit to the Panchayat; (vi) the rate of lease shall be fixed by the State Government after taking into consideration, the price of the land and other relevant factors. The lease would initially be for a period of 33 years but thereafter renewable in public interest; and (vii) the possession of the shamlat land shall be delivered to the transferee only after due payment of the sale price or the lease money, as the case may be, to the Panchayat. Explanation.- For the purposes of this rule- (1) Project or Scheme means any project or schemes of public interest, which has been approved as such by the competent authority as per the relevant law or any policy, notified by the State Government. (2) Sponsoring Department means Administrative Department of the State Government, which sponsors the proposal for transfer of shamlat land.” 6. As per the said rule for certain specified situations mentioned therein, there would be no requirement for a 3/4th majority. In my opinion, in the present case, rule 12-A of the Rules would be applicable for having been followed. Consequently, this writ petition is dismissed being devoid of merit with no order as to costs. ---------0.B.S.0------------