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2013 DIGILAW 1514 (PNJ)

Gram Panchayat of Village Kalta v. State of Haryana

2013-11-19

GURMEET SINGH SANDHAWALIA, JASBIR SINGH

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JUDGMENT Jasbir Singh, J. 1. This order will dispose of two writ petitions bearing CWP No. 9440 of 1993 and CWP No. 11387 of 1993. as common questions of law and facts are involved therein. To dictate order, facts are being taken from CWP No. 9440 of 1993. Respondent No. 2 is a poor person. He is in possession of 3 marlas of land claimed by the Gram Panchayat. The petitioner Gram Panchayat filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (in short 'the Act'), seeking ejectment of respondent No. 2 from the land in dispute. That application was allowed on 14.2.1982. 2. Respondent No. 2 went, in appeal. He made specific statement before the Court that he accepts his un-authorised occupation on the land in dispute, let the Gram Panchayat sell that land to him at the Collector's rate as he has raised construction thereupon. 3. The appellate Authority looked into that statement made by respondent No. 2 and noting that sale of land to him would avoid unnecessary litigation and further since the State Government had already issued instruction on 12.3.1976 to sell land to those who were in unauthorized occupation, land was ordered to be sold at Collector's rate i.e. Rs.68750/per acre. Further fine @ 15% of the price, was also imposed upon respondent No. 2. 4. Perusal of Jamabandi, on record, clearly depicts that the land in dispute is a part of Gair Mumkin Abadi. Respondent No. 2 is a poor person. He has raised construction on 3 marlas of land (4 marlas in the connected writ petition). Both the petitioners are in settled possession for the last more than 4 decades. 5. This writ petition was admitted on 17.5.1994. The Gram Panchayat was restrained from dispossessing the petitioner from the land in dispute. 6. It is primary grievance of the Gram Panchayat that the Collector has no power to order sale of land, as has been done in this case. 7. That objection has no legs to stand. Sale of land was ordered in terms of Policy Decision of the State Government, which was circulated on 12.3.1976. During pendency of this writ petition, the Punjab Village Common Lands (Regulation) Rules, 1964 were amended and Rule 12(4) was added, which reads thus :- 12. 7. That objection has no legs to stand. Sale of land was ordered in terms of Policy Decision of the State Government, which was circulated on 12.3.1976. During pendency of this writ petition, the Punjab Village Common Lands (Regulation) Rules, 1964 were amended and Rule 12(4) was added, which reads thus :- 12. Purposes for which land may be sold - (1) to (3) xxxx xxxx xxxx xxxx (4) The Gram Panchayat may with the prior approval of the state Government, sell its non-cultivable land in shamilat deh to the inhabitants of the village who have constructed their houses on or before the 31st March, 2000, not resulting in any obstruction to the traffic and passers-by, along with open space upto 25% of the constructed area or an appurtenant area upto a maximum of 200 square yards at not less than collector rate. 8. It is open to the Gram Panchayat, with prior approval of the Government, to sell non cultivable land to inhabitants of the village, who have raised construction on that land, against price, to be charged as per floor rate or market price, whichever is higher. 9. There is nothing on record to show that the land in possession of respondent No. 2 obstructs free flow of traffic. As per Jamabandi on record, it is part of abadi, deh land. 10. Under the circumstances, no case is made out to interfere in the order under challenge. Both the writ petitions are dismissed. Order dated 4.8.1992, passed by the Collector is upheld. The Gram Panchayat is directed to make a proposal to sell the land in dispute to respondent No. 2 and send it for formal approval of the Government. Petition dismissed.