KAKA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Kaka Singh petitioner was owner of khasra No 3//21 /2(6-6) in Bad Majra. Tehsil Kharar, District Ropar He wanted to exchange this land with Gram Panchayat because there was a drain outside his boundary wall. The drain was in panchayat it land which was a path and damage was being caused to his wall and gate by the said drain

(2.) The petitioner applied to Tehsildar, Mohali for determination of the value of the two parcels of land, which were to be exchanged. Tehsildar determined the value at Rs.15 lacs per acre. Gram Panchayat passed resolution on January 10, 2000 agreeing to exchange the land. The petitioner has referred to Rule 5 of the Punjab Village Common Land (Regulation) Rules, 1964 regarding exchange of land. Exchange of land under this Rule was permitted if the panchayat was of the opinion that it was necessary for the benefit of the inhabitants of the village and prior approval of the Government is also taken. After a great deal of correspondence the proposal submitted by the panchayat was accepted by the Governor and the exchange of land was allowed. This order is Annexure P-5 dated July 30, 2001.

(3.) After 2 years one Ujjagar Singh and two others complained that the petitioner's son Gurmeet Singh was a member of the panchayat which had got the land exchanged, by concealing his own personal interest. An inquiry was conducted and on its basis an order was passed by the Government on October 20, 2005 Annexure P-6 cancelling the earlier approval granted by the Governor vide Annexure P-5.