Dismissed

Angrej Singh and Ors. v. State of Haryana and Ors.

Punjab & Haryana HC21 Feb 2013CWP/7519/2012

Case brief

AI extract

What is this about?

The High Court rejected the petitioners' contention that a Gram Panchayat cannot alter the user of Charand land. The Court relied on a precedent, noting that while the Panchayat must prepare a land utilisation plan under Rule 3 and Rule 8 of the 1964 Rules, the merits of the plan's legality must be challenged via Section 47 of the Haryana Panchayati Raj Act, 1994.

What did the court decide?

Petitioners relegated to filing a petition under Section 47 of the Haryana Panchayati Raj Act, 1994 within one month.

Angrej Singh and Ors. Vs State of Haryana and Ors. — Land Acquisition | Punjab & Haryana HC (2013)

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Civil Writ Petition No.7519 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.7519 of 2012

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Date of Order: 21.02.2013

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Angrej Singh and others ...Petitioners

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Versus

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State of Haryana and others ..Respondents

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CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

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Present: Mr. Naresh Kaushik, Advocate, for Mr. K.S.Dhanora, Advocate, for the petitioners.

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Mr. D.Khanna, Addl. A.G.,Haryana for respondent nos.1 and 2.

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Mr. Arvind Singh, Advocate, for respondent no.3.

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RAJIVE BHALLA, J (Oral)

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The petitioners pray for issuance of a writ of mandamus to restrain the respondent-Gram Panchayat from altering the nature of land reserved as “Charand”, during consolidation.

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Counsel for the petitioners submits that the Gram Panchayat has no right to alter user of “Charand” land. The resolution passed by the Gram Panchayat, deciding to lease out “Charand” land, without preparing a land utilisation plan is contrary to Rules 3 and 8 of the Punjab Village Common Lands (Regulation) Rules, 1964 (hereinafter referred to as 'the 1964 Rules”) and may,

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Civil Writ Petition No.7519 of 2012

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therefore, be set aside.

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Counsel for the Gram Panchayat, as well as counsel for the State of Haryana submit that as held in Baljinder Singh and others v. The State of Haryana and others (Civil Writ Petition No.13652 of 2009), the Gram Panchayat is not prohibited from altering the user of its land provided the Gram Panchayat prepares a land utilisation plan, under Rule 3 of the 1964 Rules, before it proceeds to change the user of its land. It is further submitted that as the Gram Panchayat has prepared a land utilisation plan, the Gram Panchayat cannot be prohibited from leasing out “Charand” land for cultivation.

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We have heard counsel for the parties, perused the impugned order and in view of judgment in Baljinder Singh and others v. The State of Haryana and others (Civil Writ Petition No.13652 of 2009) , reject the petitioners' contention that the Gram Panchayat cannot change the user of its land whether reserved as “Charand” or otherwise. The only rider, upon the Gram Panchayat's power, as held in Baljinder Singh's case (supra) , is that a Gram Panchayat is required to comply with the procedure prescribed by Rule 3 read along with Rule 8 of the 1964 Rules and prepare a land utilisation plan, before it proceeds to change the use of its land. A perusal of the reply filed by the respondents reveals that the Gram Panchayat has prepared a land utilisation plan. The question whether the land utilisation plan is legal and valid and in accordance with Rules 3 and 8 of the 1964 Rules, is a matter for the petitioners to raise by filing a petition under Section 47 of the Haryana

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Civil Writ Petition No.7519 of 2012

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Panchayati Raj Act, 1994 (hereinafter referred to as 'the 1994 Act').

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In view of what has been stated hereinabove, the petitioners are relegated to their remedy of filing a petition under Section 47 of the 1994 Act. In case, such a petition is filed, within one month, it shall be considered and decided within two months.

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(RAJIVE BHALLA) JUDGE

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February 21, 2013 (NARESH KUMAR SANGHI) nt JUDGE

Angrej Singh and Ors. v. State of Haryana and Ors.

Case brief

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Angrej Singh and Ors. v. State of Haryana and Ors.

Case brief

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