BHIKAN Vs. GRAM PANCHAYAT AND ORS.

JUDGEMENT

(1.) Rameshwar and Bhikan filed suit for permanent injunction against the Gram Panchayat of village Basana, Tehsil and District Rohtak and State of Haryana, restraining the Gram Panchayat from gifting the land bearing khewat No. 200/188, Khatauni No. 331, Rect. and Killa No. 65/2(3 -19) situated in the revenue estate of village Basana, to State of Haryana, and further the State of Haryana be restrained from constructing any building thereon. It was alleged in the plaint that the State of Haryana wanted to construct building of Community Health Centre in village Basana. Since that the land in suit was lying "Gair Mumkin gora Muwaishin", the Gram Panchayat gifted the land to the State of Haryana, for the construction of Community Health Centre. The plaintiffs have their houses adjacent to the land in suit. There grievance is that if Community Health Centre is constructed on the suit land, which is situated in the vicinity of their houses, gates, windows and ventilators of their houses will be closed. It was also alleged in the plaint that the land "Gair Mumkin Gora Muwaishian" cannot be gifted by the Gram Panchayat. In fact, the land was gifted due to the rivalry between the Sarpanch Ram Kumar and the plaintiffs, who did not support him in the panchayat elections. Sarpanch Ram Kumar was bent upon to teach lesson to the plaintiffs whose houses are situated in the vicinity of the land.

(2.) The defendants contested the suit urging that the land bearing Khewat No. 201/188, khatauni No. 331, Rect and Killa No. 65/2 (3 -19) vests in the Gram Panchayat and it has every right to gift the land in suit for the purpose provided in the Punjab Village Common Lands (Regulation) Act, 1961 and the Rules framed thereunder. The Gram Panchayat wants to gift the land for the purpose of building of "Community Health Centre" of the village. The plaintiffs have encroached upon the land of the Gram Panchayat and the plaintiffs are in illegal occupation thereof. They cannot restrain the true owners from making beneficent use of the land. If Community Health Centre is constructed, that would benefit the entire village.

(3.) On the pleadings of the parties, following issues were framed; -