GRAM PANCHAYAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been purportedly filed by the Gram Panchayat of Village Bhadson, District Karnal through three of its elected Panches. It is pertinent to mention here that originally the petitioner-Gram Panchayat challenged the notifications dated 27.02.2012 and dated 01.06.2012 issued by the State of Haryana under Sections 4 & 6 of the Land Acquisition Act, 1894 (in short, 'the Act'), respectively, whereby shamlat deh land measuring 116.47 acres owned by the Gram Panchayat was acquired for a 'public purpose', namely, to construct Power Sub-Station. When this writ petition came up for preliminary hearing on 05.07.2012, the following order was passed:-

(2.) By way of amended writ petition, the above-stated sale transaction is now sought to be challenged on the ground that the sale of shamlat deh land for a private purpose was illegal as held by the Hon'ble Supreme Court in Jagpal Singh & Ors. v. State of Punjab & Ors., 2011 1 RCR(Civ) 912: Civil Appeal No. 1132 of 2011 decided on January 29, 2011 (Annexure P9).

(3.) State of Haryana and other respondents including private respondents No. 6 & 7 have filed their replies/affidavits. They have also placed on record the original and actual resolution passed by the Gram Panchayat which is only for challenging the acquisition of shamlat deh land by State of Haryana in the year 2011-2012 for the construction of Power Sub-Station. In other words, it is suggested that the Panches, through whom the writ petition was filed, were never authorized to challenge the old sale transaction made in favour of respondent No. 6 way back in the year 1994.