Gram Panchayat Garh vs Haryana Urban Development Authority and Others

Amarjeet Chaudhary, J.—This judgment will dispose of Civil Writ Petion No. 15695 of 1992 (Gram Panchayat Garh Shahjahanpur v. HDDA and Ors.) and Civil Writ Petition No. 208 of 1993) Sultan and Ors. v. HUDA and Ors.) involving common questions of law and facts.

For the purpose of judgment, facts have been taken from CPW No. 15695 of 1992 (Gram Panchayat Shahjahanpur v. HUDA and Ors.).

Land measuring 23 Acres 4 Kanals 16 Marlas in Shamlat deh and vests in the petitioner-Gram Panchayat. The Deputy Commissioner, Sonepat. presided over a meeting of the Housing Board Haryana on 22.2.1992 in which three Sarpanches of different villages were present. The petitioner Gram Panchayat as a result of the said meeting passed a resolution dated 1.5.1992, copy of which is Annexure P-1 to the petition resolving to sell the land forming part of Shamlat deh to the Housing Board with the condition that 15% quota be reserved for the residents of the village. Subsequently, Commissioner and Secretary to Government Haryana, Development and Panchayat Department, under Rule 12 of the Punjab Village Common Lands (Regulation) Rules, 1964, granted approval for the sale of shamlat land. Though the Petitioner Panchayat had resolved to sell its land at the market rate, the Commissioner and Secretary to Govt. Haryana Development and Panchayat Department, Chandigarh, while granting sanction sell it the land, fixed Rs. 2,00,000/- per acre as reserve price. Respondent No. 3 deposited the amount at the rate communicated by the Secretary but the same was not acceptable to the petitioner Gram Pancbayat. Aggrieved against the action of the respondents for not purchasing the land at the market rate, the petitioner-Panchayat has filed the present writ petition for quashing order of Commissioner and Secretary to Government Haryana, Development and Panchayat Department, dated 29.6.1992 vide which approval for the sale of shamlat land was granted at the rate of Rs. 2,00,000/- per acre.

The challenge to the impugned order is that the action of the respondents in fixing the price is against the spirit of the Rule 12 of the Punjab Village Common Lands (Regulation) Rules, 1964.

In the written statement filed by the respondents the plea taken is that Gram Panchayat had resolved to sell the land and accordingly approval was also granted. There is neither any illegality nor any material irregularity in the same. The learned Counsel for the petitioner had argued that under Rule 12 of the Rules a Panchayat with the previous sanction of the Government can sell the land vested in it The Panchayat had agreed to sell the Shamlat land at the market rate However, the Commissioner and Secretary to Government Haryana Development and Panchayat Department had fixed Rs. 2,00,000/- per acre which is against the terms of the resolution adopted by the Panchayat.

The learned Counsel for the respondents had contended that price of the land has been assessed by the Halqa Patwari and that should be the market value of the land.

I have considered the arguments and perused the paper book.

From the paper-book, it is seen that the Gram Panchayat vide its resolution dated 1.5.1992 had resolved to transfer its land to Housing Board with the condition that 15% of the land shall be reseved for the residents of the village The Panchayat land can be sold after assessing its market value. The value of the land has been assessed by a lower functionary of the Government who had simply stated in his report dated 10.1 1992, copy of which is Annexure R-2/T, that on verification, it was revealed that the market value of the land was Rs. 2,00,000/-per hectare. The Halqa Patwari while assessing the value of the land should have associated the Gram Panchayat and the price of the land should have been determined by an official of higher rank and not Halqa Patwari.

There is no denial of the fact that the notice u/s 4 of the Land Acquisition Act was issued by the Government of Haryana for acquiring some land in the village. The price of the land should have been determined by the Land Acquisition Collector as is done in the case of acquisition proceedings. I am of the considered view that the Gram Panchayat was entitled to raise an objection regarding the market price.

For the reasons aforesaid, order dated 29.6.1992 of the Commissioner and Secretary to Government Haryana, Development and Panchayat Department, fixing the price of the land as Rs. 2,00,000/- per acre, is quashed. The respondents will be at liberty to re-assess the market value after associating the Panchayat in the process. No costs.