JASWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - Challenge in the present writ petition filed in public interest, is to the approval granted for exchange of land situated in village Daduwal, Tehsil Phillaur, District Jalandhar.

(2.) THE grievance of the petitioner is that during the consolidation proceedings, khasra No. 167 measuring 3 kanals 19 marlas was reserved for Garha Khad (manure pit), but the land measuring 3 kanals 6 marlas out of the said land, has been exchanged with the land measuring 3 kanals 6 marlas owned by respondents No. 6 and 7. The stand of the petitioner is that the land exchanged is reserved for Garha Khad and thus, it cannot be exchanged as there will be no land left for the common purpose of the villagers. It is alleged that the Financial Commissioner, has approved the exchange of Panchayat land measuring 3 kanals 6 marlas situated in khasra No. 167 with the equivalent land owned by respondent Nos. 6 and 7 for the purpose of disposal of the dirty water, which is against the interest of the Panchayat and the inhabitants of the village.

(3.) LEARNED counsel for the petitioner has vehemently argued that after exchange of the land comprising in khasra No. 167 measuring 3 kanals 6 marlas, no land will be left for the Garha Khad, for the use of the villagers. On 9.1.2009, when the writ petition came up for hearing, learned State counsel was granted time to seek instructions as to whether there will be any land for being used as Garha Khad and whether khasra No. 168 measuring 29 kanals 1 marlas is still available for being used as Garha Khad. An affidavit dated 14.1.2009 has been filed by the District Development and Panchayat Officer, pointing out that sullage water of about 100 houses of Balmiki Basti is disposed of in the land, which is taken in exchange. In khasra No. 167, the Gram Panchayat has land of 3 kanals 19 marlas and now the Gram Panchayat is left with 13 marlas of land in khasra No. 167. The said land is in possession of Swarn Singh son of Pal Singh, unauthorisedly. It has also been pointed out that the land contained in khasra No. 168 measuring 29 kanals 1 marla and khasra No. 169 measuring 11 kanals 10 marlas, total 40 kanals 11 marlas, is reserved for Gair Mumkin Garha Khad. 5-6 kanals of such land is being used for Ruri and sullage water and some of the area is being used for metalled Phirni. Rest of the area has been encroached by the residents of the village. It is also pointed out that nobody from the village has expressed any difficulty with regard to storage of Ruries. It has also been pointed out that the instructions have been issued for the removal of the encroachment on the land reserved for Garha Khad and the future increase in use of manure pits can be met after removal of the encroachments.