HARWATI Vs. GRAM PANCHAYAT OF VILLAGE KUSLIPUR

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree passed by the learned Addl. District Judge, Palwal, dated 9.01.2015, vide which the judgment and decree passed by the Addl. Civil Judge (Sr. Divn.), Palwal, dated 28.10.2013, in favour of the appellant-plaintiff has been set aside and the suit of the appellant-plaintiff dismissed.

(2.) It is the contention of the counsel for the appellant-plaintiff that a residential plot comprised in khewat No.342, khatoni No.356 min, Rect. No.15, Killa No.23/6 (0-3), measuring 3 marlas, situated within the abadi deh/revenue estate of village Kuslipur No.1, Tehsil Palwal, District Palwal was allotted to the plaintiff by the gram panchayat vide resolution No.70 dated 18.8.1993, as she had undergone a tubectomy operation on 19.08.1993 at Government Hospital, Palwal of family planning and this allotment of the plot was a reward thereto. The suit of the plaintiff was decreed by the trial Court on 28.10.2013, rejecting the stand of the respondent-defendant that allotment in favour of the appellant-plaintiff was not in consonance of any policy of the Government of Haryana. It was asserted that the father-in-law of the appellant-plaintiff namely Rewati Parshad, who was the Sarpanch of the Gram Panchayat, was in unauthorised possession over the panchayat land because of which the Deputy Commissioner, Faridabad dismissed him from the post, which was challenged but was upheld by the Financial Commissioner and Principal Secretary to Government of Haryana Development and Panchayat Department, Chandigarh on 14.11.2008. It was further asserted that there was no policy of Haryana Government under the National Sterilization Scheme according to which the land could have been transferred/allotted to a resident of the village, who has undergone a sterilization operation for family planning purposes.

(3.) The stand of the respondents as stated above, stands accepted by the learned Lower Appellate Court which resulted in dismissal of the suit filed by the appellant-plaintiff.