LAWS(P&H)-2021-2-49

BALJIT SINGH Vs. STATE OF PUNJAB AND ORS.

Decided On February 02, 2021
BALJIT SINGH Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) Case has been heard through video conferencing on account of COVID-19 Pandemic.

(2.) The petitioner being the inhabitant and Sarbrahi Lambardar of village Drari, Tehsil and District S.A.S. Nagar, Mohali has come forward to challenge the order dated 9.6.2020/10.6.2020 (Annexure P-6) passed by respondent No.2 whereby approval has been accorded by the Government for the exchange of Shamlat land of village Drari admeasuring 42 Kanals 8 Marias with the land belonging to respondent No.9 admeasuring 42 Kanals 8 Marias, inasmuch as the Shamlat land belonging to Gram Panchayat of village Drari being of very high commercial value as it was abutting the 200 feet wide PR-9 road going towards the Mohali International Airport, whereas the land belonging to respondent No.9 being away from the said road and low lying and prone to flooding was less valuable. The petitioner has also sought direction for quashing the resolutions dated 23.7.2019 (Annexure P-3) and 4.12.2019 (Annexure P-4) passed by the Gram Panchayat of village Drari regarding exchange of aforesaid Shamlat land with the land of respondent No.9. As per the petitioner, the said action of the Gram Panchayat was totally illegal being in violation of Rule 5 of Punjab Village Common Lands (Regulation) Rules 1964 (hereinafter referred as 'the Rules of 1964') and the aforesaid resolutions were passed for extraneous consideration in order to give undue benefit to respondent No.9.

(3.) On notice of motion, contesting respondents appeared through their respective counsels.