DARSHAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The State of Punjab formulated a scheme (Integrated Rural Development Policy) for the development of the rural areas under which facilities were to be provided to a cluster of villages at the central village, known as Focal Point. The Focal Point was to be made a purchase centre and provided with banking, postal, telephone and telegraph facilities, fertilizers sale point, veterinary dispensary, shops to cater to the needs of the cluster of villages, rural godown and other amenities like school, dispensary etc. The Government declcred village Partap Pura (Blocl Nur Mahal, District Jullundur) as one of the Focal Points in 1978-79 and included Partap Pur, Mau Bhaini, Meowal and Sangatpura in the cluster of villages to be attached thereto. According to the instructions issued by the Government, the Panchayat of Focal Point village was to provide 10 acres of land for the establishment of the Focal Point. The Panchayat of village Partap Pura owned small pieces of land and there was no single piece on which Focal Point could be established. The Gram Panchayat Partap Pura resolved to sell the small scattered pieces of land owned by it for purchasing one compact block of land and for this purpose the permission of the Government was sought. The Government gave the permission. Thereafter the Panchayat purchased 5 acres of land at a total cost of Rs. 1,98,000/- out of which Rs. 1,00,000/- were allegedly contributed by the villagers living abroad and the balance was contributed by those living in the villages. The sale of agricultural produce started at Focal Point Partap Pura in Kharif, 1978. The Government declared this Focal Point as a sub-yard vide order dated 7.9.1979. The agricultural produce was sold at Focal Point Partap Pura in 1979 and 1980. The foundation stone of the Focal Point was laid by the then Development and Panchayat Minister on 20.1.1979. Under the instructions of the Government, four shop- sites were auctioned for Rs. 37,300/- at the Focal Point Partap Pura and commission agents are working at the sites since then. The Gram Panchayat Partap Pura got Rs. 36,000/- as loan from Government for constructing four shops and deposited the same with P.W.D. The Central Cooperative Bank, Jullundur has opened a branch in village Partap Pura. The Panchayat has given a building for Civil Dispensary and another for running veterinary hospital. In November, 1980 the Government decided to shift the Focal Point from village Partap Pura to village Mau Sahib and Memo dated 6.11.1980 (P.8) was addressed by the Director, Rural Development and Panchayat, Punjab to the Deputy Commissioner, Jullundur conveying this decision of the Government. The petitioner is Sarpanch of Gram Panchayats Partap Pura. He has assailed the decision of the Government(P.8) to shift the Focal Point from Partap Pura to village Mau Sahib in the present writ petition.

(2.) The learned counsel for the State has argued that the decision of the Government to change the Focal Point from Partap Pura to Mau Sahib, being executive, cannot be assailed in a writ petition. The contention is without merit. Similar decision regarding change of Focal Point was assailed in Civil Writ No. 3012/1978, decided on 28.9.1978. The Division Bench allowed that writ and observed :-

(3.) In the written statement filed on behalf of the official respondents, it has been averred that the Focal Point from Partap Pura has been shifted because the Panchayat of that village incurred an expenditure of Rs. 1,70,385/- for purchasing 34 Kanals 11 Marlas for making 10 acres of land available for setting up Focal Complex. This ground is hardly cogent. The Panchayat of village Partap Pura was to make available 10 acres of land free of cost for establishing Focal Complex. The Panchayat sold small pieces of land with the approval of the Government and thereafter purchased another piece of land for setting up the Focal Complex. The Government admittedly got the land free of cost for setting up the Focal Complex. The Panchayat committed no illegality or irregularity in the matter of acquiring land which was made available for setting up the Focal Complex. This ground cannot be pressed on behalf of the Government for getting a finding that the proposed change of the Focal Point from Partap Pura to Mau Sahib is in public good or public interest.