JAGDISH SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, a proprietor of village Jakhwala, has filed the present writ petition in public interest challenging the resolution passed by the Gram Panchayat whereby the land was given to the District Forest Officer for plantation of trees and for issuance of a direction to lease out the said land in terms of the rules.

(2.) THE petitioner has alleged that consolidation has taken place in the village in the year 1956-57 and an area measuring 1358 Kanals 15 Marlas was kept reserved by applying proportionate cut from the holdings of the proprietors for common purpose of the village. It has been pleaded that 99 acres out of the land was kept reserved for Gram Panchayat, out of which 29 acres of land is under forest whereas 70 acres of land is being given by the Gram Panchayat on lease for the last many years. The petitioners has challenged the action of the Gram Panchayat in leasing the said land to the Forest Department for plantation of trees.

(3.) WE have heard learned counsel for the parties and find no merit in the present writ petition in view of the judgment of the Supreme Court in Shish Ram's case (supra) wherein it has been held that the Gram Panchayat is competent to change the user of the land as fixed at the time of consolidation. In para No. 2 of the writ petition, the petitioner has pleaded that land measuring 622 Kanals 15 Marlas is in the possession of the Gram Panchayat whereas in para No. 3 of the writ petition it is pleaded that approximately 99 acres of land was kept reserved for the Gram Panchayat. There is nothing on the record to show that the subject land was reserved for any particular purpose in consolidation proceedings. The Gram Panchayat as owner is competent to use the same in the best possible manner. Therefore, the petitioner cannot insist that the land must be leased for cultivation purpose and cannot be given to the Forest Department for plantation of trees.