GRAM PANCHAYAT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition is filed to quash the order of the 1st respondent dated 3.11.1981 (Ann. P. 6).

(2.) The petitioner is the Gram Panchayat of village Badhar. Under the Rural integrated Development Programme, the State Government wanted to set up a Focal Point at village Badhar, District Sangrur. The site Selection Committee consisting of the then Deputy Commissioner Sangrur, Additional Deputy Commissioner, Sangrur, the Executive Engineer P.W.D. (B & R) District Development and Panchayat Officer, Sangrur, the Sub Divisional Officer (Civil) Barnala and the Block Development and Panchayat Officer, Barnala, visited the village in 1978 and selected the land belonging to Sant Hazara Singh which is adjacent to the National Highway. As the site Selection Committee was not satisfied with the Shamlat land vested in the Gram Panchayat it was decided that the Gram Panchayat should take the land belonging to Sant Hazara Singh measuring 77 Kanals 18 marlas in exchange of the land of the Gram Panchayat, petitioner. Accordingly, a resolution was passed on 28.1.1979 by the Gram Panchayat and the Deputy Commissioner, Sangrur vide his order held 26.6.1979 approved the exchange of land of Gram Panchayat with the land of Smt. Hazara Singh. The Gram Panchayat also passed a resolution on 4.10.1979, mentioning kila number of the land to be given to Sant Hazara Singh. Thereafter, possession of the said land for construction of the focal point was taken and in exchange Sant Hazara Singh was put in possession of the land of the Gram Panchayat. Thereafter, by the impugned order (Ann. P.6) the Financial Commissioner, Development and Secretary, Punjab Government cancelled the exchange.

(3.) According to the petitioner, the Financial Commissioner has no power to cancel the resolution of the Gram Panchayat which has been approved by the Deputy Commissioner. The learned counsel for the petitioner contended that under Rule 5 of the Punjab Village Common Lands (Regulation) Rules, 1964, the Panchayat can transfer any land with the approval of the Collector where the land is required in connection with the integrated Rural Development Programme sponsored by the Government and the Financial Commissioner has not given any valid reason for cancellation of the exchange. Therefore the order of the Financial Commissioner is liable to be set aside. Rule 5 of the Punjab Village Common Lands (Regulation) Rules, 1964 reads as follows: -