GRAM PANCHAYAT OF VILLAGE DIGHAL, TEHSIL AND DISTRICT JHAJJAR Vs. DIRECTOR CONSOLIDATION, HARYANA AND OTHERS

JUDGEMENT

(1.) Gram Panchayat of Village Dighal, Tehsil Beri, District Jhajjar, prays for issuance of a writ of certiorari quashing orders dated 8.2.2002, 29.5.2008 and mutation dated 25.6.2008. Khasra no.449/2 was, admittedly, reserved for the Gram Panchayat, as a "Gair Mumkin Park", during consolidation proceedings. Ran Singh and his other co-sharers filed objections, during consolidation proceedings, that as they are in possession of a part of this land and have raised construction, the land should be allotted to them. The objections were dismissed on 27.2.1980. Ran Singh etc. did not file any appeal. Consolidation proceedings were, however, challenged by a writ petition, an S.L.P. and were eventually affirmed on 16.2.1994 after dismissal of a Letters Patent Appeal. The consolidation scheme was implemented and the land, in dispute, bearing khasra no. 449/2 was recorded as "Shamilat Deh Gair Mumkin Park" owned by the Gram Panchayat, in jamabandi for the year 1997-98. The entry was carried forward into jamabandi for the year 2002-03.

(2.) Ran Singh filed a petition under section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as "the Consolidation Act") on 7.1.1997, praying that as plots and shops constructed by him, in khasra No.449/2, have been wrongly allotted,orders passed during consolidation may be corrected. Ran Singh, though aware that the land had been allotted to the Gram Panchayat, did not implead Gram Panchayat, as a party. The Director Consolidation, ordered demarcation and after receipt of the demarcation report, accepted the petition and remanded the matter to the Consolidation Officer, for allotting land to Ran Singh. The Consolidation Officer, Jhajjar, passed order dated 29.5.2008 allotting land measuring 03Kanals- 15Marlas, out of khasra No.449/2, plot nos. 657(1-9), 658 (1-0) and 661(1-11) to Ran Singh through his legal representatives. i.e., respondent nos.5 to 7, herein, in return, khasra nos. 195/20 (6-0) and 195/21 (7-12), total area measuring 13 Kanals-12 Marlas, was allotted to the Gram Panchayat, and 01 Kanal out of khasra no.449/2 was allotted to respondent no.8 in lieu of plot no. 658 (1-0). In addition, land measuring 01 Kanal-11 Marlas out of khasra no.449/2, was allotted to respondent no.9, in lieu of plot no.661 (1-11) allotted to Ran Singh, and land measuring 01 Kanal-0 Marla out of khasra no.449/2 was allotted to respondent no.10 in lieu of plot no.657 (0- 19), which was allotted to Ran Singh. As a result, land allotted to the Gram Panchayat was allotted to Ran Singh and other private respondents and scattered in different khasra numbers at different places without any contiguity or connection. On the basis of order dated 29.5.2008, mutation no.4899 dated 25.6.2008, was recorded by the Assistant Collector IInd Grade, Beri.

(3.) Counsel for the petitioner submits that orders dated 8.2.2002 and 29.5.2008 passed by the Director Consolidation and the Consolidation Officer, were passed, without impleading the Gram Panchayat or affording the Gram Panchayat an opportunity of hearing. It is further contended that even otherwise, the Director Consolidation or the Consolidation Officer had no jurisdiction to deprive the Gram Panchayat of its property or to exchange Gram Panchayat land with land of private land owners. It is further pointed out that as consolidation proceedings were finalised and scheme was implemented after dismissal of the Letters Patent Appeal, the application filed by Ran Singh was not maintainable and should have been rejected on the ground of delay and lack of jurisdiction.