BHAGWAN SARUP Vs. STATE OF PUNJAB

JUDGEMENT

(1.) C .M. No. 6579 of 2008 Application is allowed. Additional affidavit dated 1.4.2008 on behalf Harbans Lal, Sarpanch, Gram Panchayat village Sambhalki is taken on record. C.M. No. 6587 of 2008

(2.) APPLICATION is allowed. Counter affidavit dated 2.4.2008 to the additional affidavit dated 1.4.2008 of Harbans Lal, Sarpanch, Gram Panchayat village Sambhalki is taken on record.

(3.) FACTS giving rise to the matter in controversy are that respondent No. 6- gram panchayat village Sambhalki, Tehsil and District SAS Nagar, Mohali (hereinafter to be referred as "gram panchayat") was the owner of land measuring 80 kanals, 6 marlas comprised in the revenue record as detailed in para No. 2 of the writ petition situated in revenue estate of village Sambhalki, and the land being "shamlat deh" was vested in the gram panchayat. Vide resolution dated 15.7.2006 (Annexure P.4) passed by the gram panchayat, it was decided that the said shamlat land of the gram panchayat be exchanged, because the entire land surrounding it had been sold out and there was no source of water available for the said land and there was only once source of income by way of auction of that land, which was not being done. Therefore, members of the gram panchayat resolved that this land be exchanged with some other better land so that the gram panchayat should get some income therefrom and it was further resolved that the said shamlat land measuring 80 kanals, 6 marlas should be exchanged with the land situated in village Raipur Khurd, Tehsil and District SAS Nagar, Mohali total area measuring 48 bighas, 8 biswas (80 kanals, 10 marlas),, owned by respondent No. 12-colonizer. Therefore, the exchange of the abovesaid land was recommended to respondent No. 2-Director, Rural Development and Panchayat, Government of Punjab for necessary action.