GRAM PANCHAYAT Vs. STATE OF HARYANA

JUDGEMENT

(1.) ADMITTEDLY , the Gram Panchayat is the owner of land measuring 53 kanals 2 marlas in Khewat No. 314 (Min), Khatoni 544 (Min) Rect. 202, situated in the revenue estate of Patti Chaudhri, Kaithal. The Gram Panchayat passed a resolution to sell the land to the 3rd respondent after obtaining necessary permission of the State Government and allowed the 3rd respondent to take possession of the property in the meantime. As the 3rd respondent did not make arrangement for purchase of the land, a resident of the village moved an application Under Section 7 of the Act for eviction of the 3rd respondent from the land impleading the Gram panchayat as the 1st respondent. The Assistant Collector by his order dated 28.11.1979, held that the land belonged to the Gram Panchayat but in view of the fact that the 3rd respondent made constructions on the land, he directed the 3rd respondent to pay the price of the land at the rate of Rs. 25,000/ -per acre as fixed by the Government within two months from the date of his order. Against the said order, the 3rd respondent preferred an appeal to the Collector, Kurukshetra who set -aside the order of the Assistant Collector. Against the said order of the Collector, the Gram panchayat filed the present writ petition.

(2.) NO body appeared for the 3rd respondent in the writ petition though the matter was called thrice today. Heard the arguments of the learned counsel for the petitioner and perused the record.

(3.) UNDER Section 15 of the Punjab Village Common Land (Regulation) Act, 1961, as applicable in the State of Haryana, the State Government is empowered to make rules providing for the manner and the circumstances in which any land vested in the Gram Panchayat may be disposed of, transferred or sold. In exercise of its powers, the State Government framed Sub -rule (1) Rule 12 providing for the manner and circumstances in which the land vested in the Gram Panchayat may be sold. Under Sub -rule(2) of Rule 12 whenever it has been proposed to sell the land in shamilat deh under Sub -rule (1), the Panchayat shall forward to Government a copy of the resolution passed by a majority of three -fourth of its members proposing to sell the land through the Panchayat Samiti stating the price therein. Thus it is clear that it is only the Government which can permit to sell the land and while permitting the sale of the land, it is open to the Government to stipulate the terms and conditions on which the sale could take effect. The terms and conditions also include the fixation of price for the land. Thus the Collector has no power to fix the price of the land. Even if he fixes the price it amounts to a recommendation or suggestion to the Government in regard to the price. Simply because the Collector fixed the price, it does not take away the right of the Government of vary the price and fix a higher price. When the Government fixed the price of the land at Rs. 25,000/ - per acre, the 3rd respondent is bound by the same and it can only purchase the land at the price fixed by the Government. The Collector appears to be under the mistaken impression that the Government cannot alter the price fixed by him and the orders of the Government have no binding force and that his decision alone is supreme and revision of price by the Government was not warranted under the rules. Therefore, to my mind, the Collector ignored and acted contrary to the orders of the Government. Obviously the Collector did not like his subordinate to tell him that he had no power to permit the sale of the land or fix the price thereof.