BISHAMBER DAYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Can a Gram Panchayat transfer a portion of the Shamilat land under a street or a lane within the abadi deh or gora deh vested in it under S.4 read with S.2(g)(4) of the Punjab Village Common Lands (Regulation) Act, 1961, or change its user? is the prestinely legal issue raised in this writ petition. A reference to salient facts is a prefactory necessity.

(2.) Bishamber Dayal, petitioner, and six others residents of village Jainpur, Tehsil and District Sonepat, filed an application under S.7 of the Punjab Village Common Lands Regulation) Act, 1961, (hereinafter called 'the Act') against Smt. Ashi and 15 other residents and Gram Panchayat of their village and pleaded that land measuring 3 Kanals 19 Marlas, comprised in Khasra No. 166 Khewat No. 357/358-Khatauni No.514-min, was a thoroughfare connecting the abadi of the village with the phirni. Fifteen/twenty days prior to the filing of the application, the respondents 1 to 6 encroached upon a portion of this thoroughfare and constructed one room and a boundary wall. Similarly, respondents 7 to 16 obstructed the thoroughfare by constructing a room and thus encroached upon six karams of the thoroughfare. The thoroughfare was being used by the residents of the village and the respondents had illegally occupied the same and made encroachments thereon. The Gram Panchayat, respondent No. 17, was not taking any action in the matter. It was prayed that the respondents be ejected from the thoroughfare and the construction made by them be got removed. This application was resisted by respondents. The respondents filed a joint written statement and averred that respondents 1 to 16 had no connection with the disputed land. This land had been given by the Gram Panchayat for construction of Harijan Chaupal, on the directions of the Deputy Commissioner. The State Government had also given grant-in-aid for the construction of the Chaupal. The Gram Panchayat itself was constructing the Harijan Chaupal on the disputed land. The private respondents were assisting the Gram Panchayat. The respondents were not in unauthorised possession of the shamilat land. The thoroughfare had not been closed. A 25' wide passage from east to west was left for the use of the villagers.

(3.) The parties led their evidence. The applicants examined Kali Ram, Sham Lal, Daya Nand son of Raghbir and Daya Nand son of Jage Ram and produced site plan and a copy of the jamabandi. As against that, the respondents produced Secretary of the Gram Panchayat and Ram Kishan, Sarpanch of the village, as their witnesses. They also tendered copies of the resolution of the Gram Panchayat dated 2nd of May, 1983, and resolution dated 23rd September, 1983, and a copy of the letter of the Development and Panchayat Officer.