RAM CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) These two Writ Petitions No. 6351 and 7891 of 1988 challenge notification merging the Gram Panchayats of Kalanaur and Isharpur in Tehsil Jagadhari District Ambala.

(2.) The facts as stated in C.W.P. No. 6351 of 1988 may be noticed. The petitioners are residents of village Isharpur, tehsil Jagadhri, district Ambala. The residents of this village including the petitioners claim to have made a representation to the Government pointing out that no development work was being done in their village and even the income derived from the land in village Isharpur was not being spent in the said village. It was in fact being spent in village Kalanaur. Various other grievances were also raised. It is alleged that the Government sent for a report from the Deputy Commissioner, Ambala. The Block Development and Panchayat Officer, Jagadhri is alleged to have visited the village to verify the facts alleged in the representation and had sent a report to the Government that a separate Gram Panchayat needed to be established in village Isharpur. This report of the Block Development and Panchayat Officer is said to have been endorsed by the Deputy Commissioner, Ambala as well as by the Director of Panchayats, Haryana. As a result, vide notification published in the Haryana Government Gazette of December 22, 1987, the Governor of Haryana in exercise of the powers under Sections 4 and 5 of the Punjab Gram Panchayat Act, 1952 constituted two separate Sabha Areas by the names of Kalanaur and Isharpur. Each Panchayat was to have five Panches including the Sarpanch. It is further alleged that in the year 1985, land measuring 118 kanals 6 marlas in the revenue estate of village Isharpur was acquired by the Haryana Government for construction of Yamunagar Thermal Power Plant under the Land Acquisition Act, 1894. Out of this land, area measuring 51 Kanals 6 marlas was recorded as in the ownership of Panchayat. The proprietors including the petitioners of village Isharpur are alleged to have made an application before the Collector that land measuring 51 kanals 19 marlas in fact belonged to the proprietors of the village Isharpur and there was also an entry in the column of ownership supporting their claim. On this basis, they claimed that the compensation of an amount of Rs. 2,36,810.38 which had been assessed as price of the said land should be given to them. This claim is alleged to have been contested by the Gram Panchayat, Kalanaur. This dispute is stated to be pending for adjudication in this Court in F.A.O. No. 1 of 1987. It is alleged that the Gram Panchayat, Kalanaur wanted to take away the said amount of money and spend the same for the development and betterment of village Kalanaur. According to the petitioners, it was on account of these reasons and the efforts of respondent No. 4 Jai Chand, an active Lok Dal worker that the Haryana Government issued notification of July 11, 1988 merging Gram Panchayats of Kalanaur and Isharpur, to form the Gram Panchayat of Kalanaur. A copy of this notification has been placed on record as Annexure P-1. The notification and the provisions of Section 4 of the Punjab Gram Panchayat Act, 1952 have been challenged as ultra vires of Article 14 of the Constitution of India.

(3.) A written statement has been filed on behalf of respondents No. 1 and 2. It has been averred that "there was a representation of about 300 persons of Gram Panchayat Isharpur to be merged into Kalanaur. This representation was enquired into by the Block Development and Panchayat Officer, Jagadhri and the Deputy Commissioner, Ambala and on their recommendation the Gram Panchayat Isharpur was merged with Gram Panchayat Kalanaur. The Deputy commissioner had specifically mentioned in his recommendation that the Gram Panchayat Isharpur would not be in position to work independently."