Petitioner contested the proposal to use Gram Panchayat land for installing tubewells. Court held proposal was仅为 land identification and did not decide acquisition; directed petitioner to approach higher authorities.
Writ petition disposed; petitioner to approach higher authorities including DC or State Government regarding compensation.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Writ Petition No.25166 of 2015 Date of Decision: December 02, 2015
Puran
....Petitioner
versus
State of Haryana and others
.....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE P.B.BAJANTHRI.
Present: Mr.R.S.Hooda, Advocate, for the petitioner.
-.-
Surya Kant, J. (Oral)
The land comprising two or three khasra numbers mentioned in Memo/Note dated 06.10.2015 (P-1), a part of which is owned by Gram Panchayat Baroji, Block Nuh, District Mewat, contains sweet drinking water. As there is an acute shortage of drinking water in the village as well as surrounding area in district Mewat, the Block Development and Panchayat Officer, Nuh has recommended installation of two tubewells in the aforesaid land through the Public Health Department, Haryana.
The petitioner who is Sarpanch of Gram Panchayat, Village Baroji, has rushed to this Court challenging the proposal put up by the B.D.P.O., Nuh, as khasra No.22 is shamlat deh and vests in Gram Panchayat. The precise grievance of the petitioner is that the aforesaid land is sought to be utilized for a public purpose without acquiring it in
MOHINDER KUMAR 2015.12.17 10:38 I attest to the accuracy and authenticity of this document Chandigarh
[2]
CWP No.25166 of 2015
accordance with law.
We have heard learned counsel for the petitioner. The proposal put up by the B.D.P.O., Nuh dated 06.10.2015 (P1) cannot be, by any stretch of imagination, construed that the Competent Authority has decided to utilize the Gram Panchayat land without following the prescribed procedure of law. The resolution merely indicates that the B.D.P.O., Nuh has under the directions of Deputy Commissioner, Mewat, identified the land where sweet drinking water can be fetched.
If the Gram Panchayat of village Baroji is entitled to any compensation under the Land Acquisition Laws and/or other Statutes, the remedy for the petitioner is to approach the higher authorities including the Deputy Commissioner or the State Government. We have no reason to doubt that such a grievance shall be effectively addressed by the State Authorities.
The writ petition stands disposed of accordingly.
December 02, 2015 [P.B.BAJANTHRI] mohinder JUDGE
MOHINDER KUMAR 2015.12.17 10:38 I attest to the accuracy and authenticity of this document Chandigarh
Puran
State of Haryana and others
Surya Kant
P.B.Bajanthri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
