GAZE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been preferred against order of learned Single Judge dismissing a bunch of writ petitions against proposed allotment of plots of size of 100 square yards to families of Scheduled Caste and for families of persons below poverty line. Objection of the appellants before the learned Single Judge was that it will affect rights of Panchayat under Article 243G of the Constitution apart from right of proprietors in the left over land under the provisions of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948.

(2.) Learned Single Judge recorded statement of the Advocate General that allotment will be made only out of Shamlat deh which was vested in Panchayat and only when Panchayat passes a resolution to that effect. It was further stated on behalf of the State that 25% of total Shamlat deh will be reserved for common use of the inhabitants.

(3.) Learned Single Judge held that Panchayats had to prepare plan for economic development and in that background, the scheme was justified. The scheme did not violate the right of the appellants. Implementation of the scheme was in the hands of the Panchayat and the Panchayat was competent to change the land use in view of law laid down by the Hon'ble Supreme Court in Shish Ram v. State of Haryana, 2000 AIR(SC) 2148