RAJDEEP SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The contour of the facts, relevant for a limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, is that Nagar Panchayat, Handiaya (for brevity, "the Committee") was the owner of the land in dispute. It decided to sell the land to Punjab Mandi Board (for short, "the Board") for establishment of market sub-yard, at Government rates vide resolution dated 17.10.2007. Having received the requisite sanction from the Government, the Respondent Nos. 7 to 9 executed the sale deed dated 13.2.2009 (Annexure P-1).

(2.) The Petitioner claiming himself to be a Municipal Councilor of the Committee, did not feel satisfied and filed the instant writ petition, challenging the impugned sale deed (Annexure P-1), invoking the provisions of Articles 226/227 of the Constitution of India, inter alia pleading that the Respondent Nos. 7 to 9 have wrongly passed the resolution and transferred the land in question vide sale deed (Annexure P-1) against the provisions of Section 35 of the Punjab Municipal Act (hereinafter to be referred as the "Act"). The Petitioner claimed that the land can only be transferred by them only in case of grave emergency involving or likely to involve, extensive damage to property or danger to human life or grave inconvenience to the public and not otherwise.

(3.) Leveling a variety of allegation and narrating the sequence of events, in all according to the Petitioner that the transfer of land of the Committee to the Board by means of sale deed (Annexure P-1) is illegal and against the statuary provisions of law. On the basis of aforesaid allegations, the Petitioner sought the quashment of sate deed (Annexure P-1) in the manner indicated herein above.