Ram Richpal, Capt. (Retd.) vs Gram Panchayat of Village Teekli

S.D. Bajaj, J.

After obtaining previous approval of the Sate Government of Haryana in the Panchayat Department, Gram Panchayat, Teekli sold 1 bigha 7 biswas of shamilat Johar land to the Teekli Cooperative Credit and Service Society Ltd. vide registered sale deed dated February 18, 1980. Mutation No. 1253 entered in respect of this sale was attested on August 28, 1980.

Describing themselves as representatives of natives of village Teekli, plaintiffappellants filed against defendantrespondents civil suit No. 1073 on October 17, 1981 for permanent injunction restraining them from raising any construction thereon, fitting any electric installation thereon or building any bus stop there at or making any road from or to the land in suit. Learned trial Court decreed the suit on December 5, 1983. In Civil Appeal No. 11/13 filed on January 18, 1984 learned lower Appellate Court set aside the decision of the learned trial Court and dismissed the suit. Hence R.S.A. No. 3545 of 1985 in this Court.

I have heard Shri R.K. Verma, Advocate for the appellants, Shri C.B. Goel, Advocate, for the respondents and have carefully gone through the record of proceedings before the learned two courts below.

A threeflog argument has been addressed by the learned counsel for the appellants. One that the land in suit being a part of the Johar cannot be termed as Shamilat Deh and could therefore, not be the subject matter of the sale. Second that the sale by Panchayat in favour of Cooperative Credit Society was not made for a purpose permitted by law and thirdly that the procedure prescribed for making such a sale was not followed.

There is no merit in any of the three arguments advanced by the learned counsel for the appellants to invalidate the sale. For appreciating it in proper perspective the relevant section of the Punjab Village Common Lands (Regulation) Act, 1961 and the relevant rule 12 of the Punjab Village Common Lands (Regulation) Rules, 1964 made thereunder, are being reproduced hereinafter :

"2 (g) Shamilat deh includes

(1) land described in the revenue records as Shamilat Deh or Charand excluding abadi Deh;

(2) shamilat tikkas;

(3) lands described in the revenue records as shamilat tarafs, pattis, pannas and tholas and used according to revenue records for the benefit of the village community or a part thereof or of common purposes of the village;

(4) lands used or reserved for the benefit of village community including streets, lanes, playgrounds, schools drinking wells or ponds within abadi deh or gora deh; and

(5) lands in any village described as banjar qadim used for common purposes of the village according to revenue records; provided that shamilat deh at least to the distant of twentyfive percentum of the total area of the village does not exist in the village; but does not include land which :

(i) becomes or has become shamilat deh due to river action or has been reserved as shamilat in villages subject to river action except shamilat deh entered as pasture, pond or playground in the revenue records;

(ii) has been alloted on quasipermanent basis to displaced persons;

(iii) has been partitioned and brought under cultivation by individual landholders before the 26th January, 1950;

(iv) having been acquired before the 26th January, by a person by purchase or in exchange for proprietary land from a cosharer in the shamilat deh or charand and is so recorded in the jamabandi or is supported by a valid deed;

(v) is described in the revenue records as shamilat taraf, patti, panna and thola and not used according to revenue records for the benefit of the village community or a part thereof or for common purposes of the village;

(vi) lies outside the abadi deh and was being used as gitwar, bara, manure pit, house or for cottage industry, immediately before the commencement of this Act;

(vii) is shamilat deh or "charand" of the village included in the fourteen revenue estates called Bhojas of Naraingarh Tehsil of Ambala District;

(viii) was shamilat deh or "charand" was assessed to land revenue and has been in the individual cultivating possession of cosharers not being in excess of their respective shares in such shamilat deh or charand on or before 26th January, 1950; or

(ix) is used as a place of worship or for purposes subservient thereto".

15(1) The State Government may, by notification in the official gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for :

(g) the purposes for which any such land may be given free of charge;

Rule 12 (1) A Panchayat may, with the previous approval of the Government, sell land in shamilat deh vested in it under the Act for

(i) the purpose of constructing building for Block Samiti Office or any department or institution recognised by the Government;

(ii) the purpose of any industrial or commercial concern; or

(iii) executing such a scheme as may be a source of recurring income for the benefit of the inhabitants of the village;

(iv) residential purposes of the inhabitants of the village in Punjab only.

(v) for the purpose of financing the construction of buildings for schools and for veterinary and civil dispensaries in the Sabha area.

(2) Where it is proposed to sell the land in shamilat deh under subrule (1), the Panchayat shall forward to Government a copy of its resolution passed by a majority of the threefourth of its members proposing to sell the land through the Panchayat Saniti and Deputy Commissioner,

(a) the area and location of the land proposed for sale;

(b) the estimated income from the sale whether the income would increase if the land is sold after some years;

(c) the reasons as to why the Panchayat wants to sell the land and the plans for utilization of the income from the sale.

(3) The publicity for seal of land in shamilat deh by auction shall be made by the Deputy Commissioner in accordance with the procedure laid down in subrule (10) of rule 6 on receipt of the approval of Government who shall also decide whether the land should be sold in one or more lots and the officer who would be present at the auction :

Provided that nothing contained in this subrule shall apply to the sale of shamilat land for the purposes specified in clause (i) of subrule (1)".

A bare reading of the relevant provisions aforesaid makes it clear that Johar is a part of the Shamilat Deh which vested in the Panchayat and the land underneath it could be the subject matter of sale. Clauses (i) and (ii) of rule 12 ibid permit/authorise the Panchayat to sell this land with the previous approval of the State Government, which was admittedly obtained. Legal formalities envisaged in subrule (2) of Rule 12 with regard to the submission of the proposal etc. etc. were also undergone and duly complied with. There is thus nothing brought on record to invalidate the sale. Dismissed. The costs shall abide the event.