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2014 DIGILAW 331 (PNJ)

Gram Panchayat Manesar v. State of Haryana

2014-02-11

AMOL RATTAN SINGH, SURYA KANT

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JUDGMENT SURYA KANT, J. (Oral) This order shall dispose of CWP No.4731 of 2010 (O&M) & CWP No.15395 of 2010 (O&M) as the factual or legal questions involved in both the cases are overlapping and have originated out the same sets of facts. For brevity the facts may be referred to from CWP No.4731 of 2010 (O&M). The Gram Panchayat of Manesar Tehsil & District Gurgaon, impugns the order dated 14th December, 2009 (Annexure P12), passed by the State Government whereby the previous order dated 23rd December, 1998, in respect of exchange of lands between the Gram Panchayat, Manesar and the Haryana State Industrial Development Corporation, has been cancelled. The Gram Panchayat, Manesar vide its Resolution dated 9.9.1998 agreed for the change of its 19 acres land comprising khara numbers given in para No.2 of the writ petition along with 60 ½ feet wide path from national highway upto polytechnic at Manesar, with 19 acres of land owned by the Haryana State Industrial and Development Corporation situated in the same village, and whose description also is given in para No.2 of the writ petition. The State Government in exercise of its power under the Punjab Village Common Lands (Regulation)Act, 1961, accorded approval to the abovesated exchange vide its order dated 23.12.1998 subject to the following terms & conditions: (i) Haryana State Industrial Development Corporation will construct boundary wall of the 4 acres land to be transferred in lieu of the wall already constructed in Shamshan Ghat by the Gram Panchayat. HSIDC will also install a submersible tubewell on panchayat land to be transferred by the HSIDC in lieu of tubewell already installed by the Gram Panchayat in its land and will construct two (2) Pacca sheds (15' X20' each) in shamshan Ghats; (ii) Haryana State Industrial Development Corporation will develop about two kanal land reserved for Satti Matta Mandir in Shamshan Ghat; (vii) Haryana State Industrial Development Corporation will extend the road from National Highway No.8 to Hospital and Shamshan Ghat, upto Killa No. 28/24. (viii) Sewerage of village Manesar will be connected through a screening chamber to main sewerage pipe line of the HSIDC. (ix) The Deputy Commissioner, Gurgaon, will verify the price of both the lands through revenue authorities so that there should be no financial loss to Gram Panchayat; and (x) The Deputy Commissioner Gurgaon will verify the Khasra Nos. (viii) Sewerage of village Manesar will be connected through a screening chamber to main sewerage pipe line of the HSIDC. (ix) The Deputy Commissioner, Gurgaon, will verify the price of both the lands through revenue authorities so that there should be no financial loss to Gram Panchayat; and (x) The Deputy Commissioner Gurgaon will verify the Khasra Nos. of the land of HSIDC to be transferred to Gram Panchayat, Manesar. As it appears from the abovestated Resolution of the Gram Panchayat and the approval order passed by the State Government for the exchange of land was with a view to construct the Government Hospital and a Girls College in village Manesar. The exchange of the land, however, failed to achieve its laudable purpose for the reason that meanwhile the Government decision dated 23.12.1998 came to be challenged before this Court at the instance of a former Surpanch and some other residents of the village by way of CWP No.1361 of 1999. The Gram Panchayat is said to have reconsidered its previous Resolution during pendency of the abovestated writ petition and vide subsequent Resolutions dated 7th December, 2000; 27th January, 2001 and th February, 2001, it claims to have resolved for the cancellation of the exchange of its land with that of HSIIDC. It further appears that the HSIIDC also vide its letter dated 4th July, 2008, sent a request to the State Government to cancel the exchange of lands. The Deputy Commissioner, Gurgaon, too sent recommendations to the same effect vide letter dated 14th July, 2008. Taking into consideration the abovementioned subsequent events, the State Government in exercise of its powers under Section 5B(2) of the Punjab Village Common Land (Regulation Act 1961) passed the impugned order cancelling its previous order 23rd December, 1998 and as a result thereto the land originally owned by the Gram Panchayat stood reverted to it while the land of HSIIDC came back to that Corporation. The abovementioned decision of the State Government is however, impugned by the Gram Panchayat in the instant case. It may be mentioned here that the connected writ petition, i.e. CWP No.15395 of 2010 has been filed by a Cooperative Group Housing Society of the employees / workers of some industries located in Manesar, to whom one of the plot is said to have been allotted by HSIDC out of the exchanged land for the construction of their dwelling units. The Gram Panchayat's contention is that the power to annul an exchange, giftdeed, sale or lease of the land of Gram Panchayat can be invoked by the State Government under Section 5B (2) of the 1961 Act only if such a transaction is “found detrimental to the interest of the villagers” and “is no longer required in the interest of the Panchayat”. It is urged on behalf of the petitioner Gram Panchayat that the impugned order does not meet with these ingredients nor such a consideration took place at the hands of the State Government. The other contention of the Gram Panchayat is that the State Government has taken a belated decision in the year 2009 on the basis of Resolutions which were passed by the then Gram Panchayat on 7.12.2000, 27.01.2001 and 20.02.2001, however, the Gram Panchayat is said to have passed subsequent Resolutions on 4.02.2009, 16.06.2009 and 23.06.2009 thereby resolving that the exchange of land between the Gram Panchayat and the HSIIDC was in the interest of residents of the village and that it should sustain. These Resolutions, it is urged, have not been taken into consideration by the State Government while giving a second thought to its impugn decision. From the facts narrated above, it is apparent that conflicting Resolutions have been passed by the Gram Panchayat at the whims & fancies of its Surpanches or the elected members. It is thus difficult for this Court to form a definite opinion as to which Resolution of the Gram Panchayat indeed truly represents the interest and the benefit of residents of the village. Whether these Resolutions have been passed for motivated considerations, is also a factor to be kept in view. The site plan on record coupled with the stand taken before us by the State Government or the HSIIDC does give an impression that the original land of the Gram Panchayat might be more suitable for the purpose of a college or Hospital as compared to the land of HSIIDC which the petitionerGram Panchayat is insisting to be transferred to it as per its previous decision(s). However, as observed above, it is not expedient for this Court to express any final opinion in this regard. However, as observed above, it is not expedient for this Court to express any final opinion in this regard. Suffice it to observe that the question as to whether the subject exchange is detrimental to the interest of the villagers or whether the subject exchange has lost its utility for the purpose for which it was decided to be exchanged, are the two factual issues which can be effectively resolved by the State Government in consultation with the Departments concerned. We may hasten to add that the question of setting up a college falls within the ambit of Education Department, while the site for setting up a hospital has to be decided by the Health Department. The Industries Department, on the other hand, would be the Nodal Department to represent the viewpoint of industrial workers to whom the sites for construction of the dwelling units need to be provided by a welfare State. Consequently and for the reasons aforestated we set aside the Government order dated 14th December, 2009 (Annexure P12) for the limited purpose to enable the State Government to take an appropriate decision afresh on the basis of recommendations to be made by the Committee comprising Principal Secretaries of the Departments of Education, Health and Industries. It will be appreciated if the Committee hear the Gram Panchayat and the HSIIDC or any other stake holder before making its recommendations to the State Government. The entire exercise shall be undertaken and the final decision shall be taken within a period of 3 months from the date of receipt of certified copy of this order. Till then, both the parties shall maintain status quo.