MUKHTIAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) AT the request of counsel for the parties, writ petitions are taken on Board for final disposal.

(2.) THIS will dispose of Civil Writ Petition Nos. 1763 and 2159 of 1985. Facts have been taken from Civil Writ Petition No. 1763 of 1985.

(3.) THE area included in the limits of Municipality, Gurgaon was shown red in the site plan annexed with the petition. After issuance of the notification Block Development and Panchayat Officer, Gurgaon vide its letter dated 27.2.1985 directed Sarpanch of Petitioner Gram Panchayat to deposit the record of moveable and immovable property and cash book etc., of the area included in the Municipal limits and also to submit a list of regular staff. In the present writ petition challenge has been made to notification dated 9.1.1985 and the letter dated 27.2.1985 on the ground that petitioner Gram Panchayat was not afforded an opportunity of hearing before finalizing the matter in regard to inclusion of the area of Gram Panchayat Sukhrali in the limits of Municipality Gurgaon and that respondent No. 3 namely Block Development and Panchayat Officer was not competent to direct the Sarpanch of petitioner Gram Panchayat to deposit the entire record of the Gram Panchayat because there was partial inclusion of Sabha area and the Gram Panchayat was alive and as such said B.D.P.O. had no jurisdiction in this regard. The case of the petitioner is that land has been taken away from the Gram Panchayat without payment of any compensation and that the Gram Panchayat alone is competent to transfer the land in view of provisions of Punjab Village Common Lands Act, 1961.