GRAM PANCHAYAT VILLAGE BAZIDPUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has assailed the order dated 19.07.2018 passed by respondent no. 3 vide which he had ordered the transfer of land measuring 100 kanals belonging to the petitioner - Gram Panchayat in favour of respondent no.2.

(2.) Precisely, the averments as put-forth by the petitioner are to the effect that the previous Gram Panchayat had passed a resolution dated 16.04.2017 whereby Gram Panchayat resolved to transfer 100 kanals of land belonging to it by way of gift to Department of Agriculture. Some other land owned by Agriculture Department was required for constructing a Satellite Centre of PGIMER, Chandigarh. Accordingly, the Agriculture Department had demanded land for research work. The Gram Panchayat considered the request of the Block Development and Panchayat Officer, Ghall Khurd and passed the aforesaid resolution. It has been alleged that the Gram Panchayat, Village Malwal Qadim, Tehsil and District Ferozepur had also passed a similar resolution dated 27.04.2017 thereby taking a decision to denote 100 kanals and 2 marlas of land belonging to the Gram Panchayat in favour of Department of Hoticulture by way of gift. The legality and validity of the impugned order dated 19.07.2018 passed by respondent no.3 has been disputed on the score that respondent no.3 has no jurisdiction to transfer the land belonging to the Gram Panchayat in favour of the Government Department.

(3.) Respondent no.3 in his reply has controverted the averments put-forth by the petitioner. It has been averred that the Gram Panchayat, Bazidpur had passed a resolution dated 16.04.2017 and in terms of the resolution, the land of Department of Agriculture has been taken for the establishment of Satellite Centre, PGIMER, Chandigarh in 25 acres of land. The petitioner had donated the land in question to the Department of Agriculture for research work. Respondent no.3 - Deputy Commissioner, is the competent authority to pass the impugned order and after passing of the impugned order, the necessary changes have been incorporated in the revenue record. Furthermore, physical possession has also been given by the petitioner - Gram Panchayat in the presence of the concerned officials which has been duly taken by Horticulture Department on 06.07.2020.