Disposed

Gram Panchayat Paintawas Khurd v. State of Haryana and Ors.

Punjab & Haryana HC12 Feb 2013CWP/22970/2012

Case brief

AI extract

What is this about?

The Gram Panchayat sought a writ directing authorities to expedite land consolidation proceedings. The Court, noting state-acknowledged delays and staff shortages, handled the petition orally by directing the Chief Secretary to monitor progress and submit quarterly reports.

What did the court decide?

Directed the Chief Secretary to personally monitor consolidation proceedings, obtain quarterly reports, and take remedial measures for delays.

Gram Panchayat Paintawas Khurd Vs State of Haryana… — Land Acquisition | Punjab & Haryana HC (2013)

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CWP No.22970 of 2012

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**IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *******

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CWP No.22970 of 2012 DATE OF DECISION : 12.02.2013

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Gram Panchayat Paintawas Khurd

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...Petitioner

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Versus

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State of Haryana and others

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...Respondents

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CORAM: HON’BLE MR. JUSTICE RAJIVE BHALLA HON’BLE MRS. JUSTICE REKHA MITTAL

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Present : Mr. R.A.Sheoran, Advocate, for the petitioner.

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Mr. D.Khanna, Addl. A.G., Haryana, for the respondents.

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RAJIVE BHALLA, J. (ORAL)

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The Gram Panchayat prays for issuance of a writ of mandamus to direct the official respondents, to complete consolidation proceedings in village Paintawas Khurd, Tehsil Charkhi Dadri, District Bhiwani.

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Counsel for the petitioner submits that failure of the respondents to complete consolidation proceedings, has led to the Gram Panchayat facing serious difficulties as unauthorized occupants are in possession of 300 bighas of Shamilat land. It is further submitted that paths, land reserved for a school ground, cremation ground etc., have been encroached. The authorities, though aware of these facts, are not taking any step to conclude consolidation proceedings, expeditiously.

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Counsel for the State of Haryana has filed the affidavit of Shri P.K.Chaudhery, Chief Secretary to Government of Haryana, in Court, today. A perusal of the affidavit reveals that delay in finalizing of consolidation proceedings is attributed to continuous litigation disagreement amongst villagers at the time of transfer of possession of land and a severe shortage of staff.

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CWP No.22970 of 2012

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A due consideration of the pleadings and the arguments reveals that the status of consolidation proceedings, in District Bhiwani, as set out in Annexure R-1, is abysmally slow and the State is, at present, ill equipped to conclude consolidation proceedings expeditiously. It would be necessary to emphasize that as the State of Haryana, is an agrarian State, delays, in consolidation proceedings, tend to divide village communities, lead to unnecessary litigation and in these times of spiraling prices of land, exploitation, by vested interests in illegal and unauthorized possession. However, as the Chief Secretary, has himself sworn an affidavit, referring to a decision to employ retired revenue officials/officers to complete consolidation proceedings, we have no reason to doubt the sincerity of the respondents.

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The writ petition is, therefore, disposed of by directing the Chief Secretary to personally monitor consolidation proceedings, by obtaining quarterly reports and, in case of any delay, take such remedial measures, as may be necessary. Liberty is granted to the petitioner to approach this Court, in case of any fresh grievance.

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(RAJIVE BHALLA) JUDGE

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12.02.2013 (REKHA MITTAL) adhikari JUDGE

Gram Panchayat Paintawas Khurd v. State of Haryana and Ors.

Case brief

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Gram Panchayat Paintawas Khurd v. State of Haryana and Ors.

Case brief

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