GRAM PANCHAYAT GARH Vs. HARYANA URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS judgment will dispose of Civil Writ Petion No. 15695 of 1992 (Gram Panchayat Garh Shahjahanpur v. HDDA and Ors.) and Civil Writ Petition No. 208 of 1993) Sultan and Ors. v. HUDA and Ors.) involving common questions of law and facts.

(2.) FOR the purpose of judgment, facts have been taken from CPW No. 15695 of 1992 (Gram Panchayat Shahjahanpur v. HUDA and Ors. ).

(3.) LAND measuring 23 Acres 4 Kanals 16 Marlas in Shamlat deh and vests in the petitioner-Gram Panchayat. The Deputy Commissioner, Sonepat. presided over a meeting of the Housing Board Haryana on 22. 2. 1992 in which three Sarpanches of different villages were present. The petitioner Gram Panchayat as a result of the said meeting passed a resolution dated 1. 5. 1992, copy of which is Annexure P-1 to the petition resolving to sell the land forming part of Shamlat deh to the Housing Board with the condition that 15% quota be reserved for the residents of the village. Subsequently, Commissioner and Secretary to Government Haryana, Development and Panchayat Department, under Rule 12 of the Punjab Village Common Lands (Regulation) Rules, 1964, granted approval for the sale of shamlat land. Though the Petitioner Panchayat had resolved to sell its land at the market rate, the Commissioner and Secretary to Govt. Haryana Development and Panchayat Department, Chandigarh, while granting sanction sell it the land, fixed Rs. 2,00,000/- per acre as reserve price. Respondent No. 3 deposited the amount at the rate communicated by the Secretary but the same was not acceptable to the petitioner Gram Pancbayat. Aggrieved against the action of the respondents for not purchasing the land at the market rate, the petitioner-Panchayat has filed the present writ petition for quashing order of Commissioner and Secretary to Government Haryana, Development and Panchayat Department, dated 29. 6. 1992 vide which approval for the sale of shamlat land was granted at the rate of Rs. 2,00,000/- per acre.