HIMA RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioner has filed this petition under Article 226 of the Constitution of India, seeking following reliefs:-

(2.) Learned counsel for the petitioner has submitted that after the formation of a new Gram Panchayat, effort was made for acquiring the land for construction of new Panchayat Ghar/Building. Petitioner had donated land for construction of Panchayat Ghar/Building and respondents No. 7 and 8 had also donated land for the purpose. Respondent No.2 has issued directions for construction of Panchayat Ghar/Building on the land donated by respondents No. 7 and 8, without calling the meeting of General House of Gram Sabha and without informing the Members of Gram Sabha Wards, that the Panchayat Ghar/Building is to be constructed over the land donated by respondents No. 7 and 8.

(3.) After hearing learned counsel for the petitioner, we are of the opinion that no ground for interference is made out. It is in the domain of respondent No.2 to have chosen the place where the Panchayat Ghar/Building was to be constructed. In case the Gram Sabha is aggrieved against the decision taken by respondent No.2, it should have challenged the same but petitioner, as an individual, cannot challenge the decision taken by respondent No.2 and insist that the Panchayat Ghar/ Building should be constructed over the land donated by him.