LT COL NARESH GHAI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the present writ petition, Public Interest Litigation is sought to be pursued. Annexure P1 to the writ petition is being challenged. Annexure P1 contains a circular issued by Government of Punjab, Revenue & Rehabilitation Department, whereby a policy has been framed regarding dispensation of the rural evacuee land by way of transfer to unauthorised occupants, who have been in continuous cultivation of the land. As per the circular, rent to be deposited and the price for the allotment of land has also been fixed.

(2.) The State is within its domain to formulate policies for uplifting landless tillers, who have been cultivating land since long and by way of allotment of land can vest ownership in them. This policy is made for an object to be achieved, which is for a public good. We fail to understand the grievance of the petitioner. We are unable to persuade ourselves to intervene when the policy formulated by the State is for uniform dispensation to unauthorised occupants, strictly as per the Punjab Package Deal Properties (Disposal) Act, 1976 and the Punjab Package Deal Properties (Disposal) Rules, 1976.

(3.) Public good necessarily is not what petitioner thinks ought to happen. By common policy a class to whom benefit is to be extended, is identified, period for continuous possession to avail benefit has been determined, date to grant benefit has been notified, allotment price is fixed. Simply at the wish of the petitioner, we are unable to undertake journey to intrude into the affairs of the State, because the petitioner thinks State should act in another fashion, which he deems appropriate.