JAGDEV SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner prays for issuance of a writ of mandamus directing the respondents not to change the nature of the pond/johar (known as Peepaliya Johar) reserved during consolidation. Counsel for the petitioner submits that the pond/johar, in question, is in existence since the consolidation in the village and the same is duly reflected in the Aks Shijra prepared in the year 1962-63. The Johar was reserved for the common use of the inhabitants of village being a source of drinking water for animals. It is further argued that the respondent in violation of the consolidation scheme, are changing the nature of the johar and helping certain villagers to occupy the johar land unauthorisedly.

(2.) Counsel for the contesting respondent No. 4 contends that 60 persons from village Haluhera, Tehsil and District Rewari, are working in military and para-military forces and more than 50 persons are exservicemen. One of the residents of the village, who was working in Border Security Force was martyred and the villagers decided to construct a memorial in his memory on a small area, measuring 55x39 feet, on the cross road of four villages. It is further argued that the Gram Panchayat has taken a decision to install a statue of martyr Suresh Kumar after permission from the DDPO and the Deputy Commissioner. It is submitted that there are other two ponds/johars in the village, which are more than sufficient to meet the requirements of the village. The last submission made by counsel is that earlier also, a part of this johar was used for construction of a mandir etc., therefore, no prejudice would be caused to the petitioner, in case, a small area of the johar is permitted to be used for laying a statue in the memory of Suresh Kumar.

(3.) We have heard counsel for the parties and perused the record. Indisputably, khasra no. 53, measuring 46 kanals and 08 marlas belongs to Gram Panchayat of village Haluhera, Tehsil and District Rewari.