GURMIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present is a case of blatant misuse of powers given to the Nagar Council (in short "the Council") and usurpation of the public property by some influential individuals. Without there being any rule or regulation to transfer the property worth crores, the land measuring 19 kanals 1 marla was ordered to be transferred by the Council vide resolution No. 33 dated 24.5.2010 (Annexure P3), in favour of respondent No. 6. Prior thereto respondent No. 6 had no legal existence whatsoever.

(2.) The sequence of events which the Court will give hereinafter clearly indicates that the entire exercise of getting the land transferred from the Canal Department, Punjab, to the Council was a camouflage to favour some influential and wealthy people of the area. It is apparent from the records that Rampura Phul is a historic town and the Council is in existence from the last so many decades. The Commercial activities are going on there and it is expected that the Nagar Council may be earning good revenue therefrom. As per the record, on 29.9.2009, the Council had passed a resolution No. 61 wherein concern was shown regarding non-existence of health club, park etc. , to be used by the residents of the Rampura Phul city. A concern was also shown regarding non availability of any rest house at that place. It appears that thereafter on 7.10.2009, Beopar Mandal, Rampura Phul had moved an application on the similar lines, a copy whereof has been placed on record as Annexure P1, indicating the same concern which was shown by the Council in its above resolution. In resolution dated 29.9.2009, it was proposed that after transfer of land, the Council will construct the club etc. for use of the general public. Respondent No. 3-Sub Divisional Magistrate, Rampura Phul wrote a letter to the Deputy Commissioner, Bathinda on 13.10.2009 by making a reference to the resolution passed by the Nagar Council on 29.9.2009 and a letter of Beopar Mandal, Rampura Phul dated 7.10.2009. It was stated in the said letter that for playing of the children and walking of the residents of the city to remain fit, no proper place is available. It was further stated that for stay of the VIP persons, rest house needs to be provided. It was suggested that 25 kanals & 1 marla of land of Canal Department situated at the outskirts of the city may be transferred to the Council for the said purpose so that health club, park, rest house etc. could be constructed. In the meantime, it appears that the land was transferred from the Irrigation Department to the Council vide order dated 1.4.2010 passed by the State subject to a condition that the Nagar Council would first construct an office/building of the Lining Division/shed on the land of the Canal Department. But nothing was done. Not even a brick was laid down to construct the said office/building.

(3.) Surprisingly, even before transfer of the land, respondent No. 6, as per the facts on record, vide its resolution dated 30.4.2010 decided that it be got registered under the Societies Registration Act, 1860. It was so mentioned in the resolution passed by the founder members of the said club, details of whom read thus:- <FRM>JUDGEMENT_620_LAWS(P&H)9_20121.html</FRM>