Yuvak Gram Sudhar Sabha Neemka vs State of Haryana and Others

N.K. Kapoor, J.—Petitioner seeks issuance of a writ of certiorari for quashing order dated 27.4.1992 passed by respondent No. 1 whereby approval has been granted for gifting of Shamlat land in favour of respondent No. 5. The Lohia Karpoori Institute of Technology for Social Change.

Petitioner, a registered Gram Sudhar Sabha, has filed this petition through its President who is duly authorised to file the same. Members of the Sabha are proprietors and owners of the land situated in village Neemka, District Faridabad and they have vested rights in the Shamlat land which is presently owned and possessed by Gram Panchayat. The grievance of the petitioner is the resolution and the order of gift of land in favour of respondent No. 5 by Gram Panchayat. Gram Panchayat vide resolution dated 19.2.1992 decided to transfer 39 kanals 3 marlas of land in favour of respondent No. 5, for which the Governor was pleased to accord approval in terms of the Provisions of Act/Rules of 1964. The order and resolution are being challenged on the grounds (i) that resolution is violative of Rule 13 of the Punjab Village Common Lands (Regulations) Rules, 1964; and (ii) that the resolution has been passed at the instance of present Sarpanch who acted under the pressure of Authorities and with an ulterior motive.

Pursuance to notice of motion issued by the Court a joint written statement has been filed by Shri Devender Singh Surjewala, Block Development and Panchayat Officer on behalf of respondents 1 to 3. A separate written statement has been filed by respondent No. 4. An additional written statement has been filed by Shri Liakat Ali, Block Development and Panchayat Officer on behalf of respondents 1 to 3. Respondent No. 5 despite service has neither put in appearance nor filed any written statement. Justifying the resolution as well as the approval accorded by the Governor for gifting of land to respondent No. 5, it has been stated that the same is in confirmity with the provisions of the Punjab Village Common Lands (Regulation) Rules framed. In fact, as per Rule 13, such a gift can be made and for which the approval has also been sought. It has been further stated that this gift of shamlat land is to a voluntary Educational Institution for Rural Areas, which is a registered Society and so such an act of respondent No. 4 is in the interest of village community and hence valid.

Respondent No. 4 too in his reply has made reference to the resolution passed by Gram Panchayat to gift the land of Shamlat Deh to Lohia Karpuri Institute of Technology for Social Change. It has been further stated that this resolution was passed by the Gram Panchayat with a view to seek prior approval of the State Government before going in for actual gift of the land. It has further been stated that no land so far has been gifted nor even the possession has been transferred. The answering respondents, however, denied that the resolution was passed with an ulterior motive or under some extraneous pressure. Thus, both set of respondents prayed that the writ petition deserves to be dismissed being devoid of any substance.

Petitioner''s challenge is resolution of the Gram Panchayat dated 19.2.1992 resolving to gift away 39 kanals 3 marlas of shamlat deh to respondent No. 5-- Lohia Karpoori Institute of Technology for Social Change. Petitioner - a registered Gram Sudhar Sabha has challenged this grant on the ground that respondent No. 5 - the institute is non-existent and has infact merely been created to usurp the property of the Gram Panchayat on account of the high status of its Chairman. According to the petitioner, Society had neither a registered office nor possessed of any means to start any educational institution. Thus, before the Gram Panchayat could resolve to transfer valuable property from the Shamlat deh it was incumbent upon its members to examine the bonafide of the institute and its claim to the proposed gift. Even the provision with regard to the prior approval of the Government has infact been given go bye on account of the high status of the Chairman of the institute. Accordingly, resolution and the approval deserve to be quashed. As per Rule 13 of the Punjab Village Common Lands (Regulations) Rules 1964, which for facility of reference is hereunder reproduced-

"13-Purposes for which land may be gifted. - A Panchayat may gift land in Shamlat Deh vested in it under the Act for the purposes of Hospitals Dispensary or Educational or Charitable institutions as may be approved by the Govt. with the prior approval of -

(a) Zila Parishad where the area does not exceed 2 Acres -

(b) The Govt. where the Area exceeds 2 Acres"

a Panchayat can gift away a land in Shamlat Deh for the purposes of Hospitals, Dispensary or Educational or Charitable institutions, which have been approved by the Government. Before such a gift can be made it is incumbent upon the Gram Panchayat to seek the prior approval of the Zila Parishad if the area to be gifted does not exceed 2 acres and in case it exceeds 2 acres prior approval of the Government is essential. The precise resolution, passed by the Gram Panchayat has not been placed on record by the petitioner and even the respondents have not cared to place on record a copy of the same. In any case, it is conceded that a resolution was passed by the Gram Panchayat to gift away 39 kanals 3 marlas of land vide its resolution dated 19.2.1992. The necessary approval has been accorded by the Governor as per order of the Commissioner communicated to the Gram Panchayat as well as to other functionaries, annexure P-1.

It is worth mentioning that various attempts were made by the petitioner to effect service upon respondent No. 5 at its given address. Despite all attempts made service could not be effected and so the Court vide order dated 28.9.1994 directed to effect service by substitution and this way respondent No. 5 was served by process of substituted service. Despite the service so effected no reply has been filed. Thus prima-facie, it can be taken that nothing was to be stated by respondent No. 5 with regard to the various submissions made by the petitioner in the writ petition.

Respondents 1 to 3 in their additional written statement have tried to bring to the notice of the Court the registration of respondent No. 5-Society under the Societies Registration Act as well as the name of members of the governing body. Shri Dhanik Lal Mandal, the then Governor of Haryana is Chairman/member of the governing body. As per the additional written statement the present bank balance of the institute is nil. It has further been stated that donations and grants are the only income as source of the institution. Thus, one can infer that presently only an idea has been conceived for setting up of such a Society. How and in what manner the members of Gram Panchayat were impressed to gift away the valuable property of the Gram Panchayat can only be imagined. No tangible proof has been stated in any of the written statement justifying the gifting of the property to an institution which infact has yet to come into existence for various social purposes as enumerated in their memorandum of Association. This too lends support to the contention of the petitioner that Gram Panchayat agreed to part with the valuable property at the behest of some functionary of the Government to oblige the then Governor of Haryana, Shri Dhanik Lal Mandal. Needless to stress that the framers of the Act never envisaged frittering away the valuable assets of the inhabitants of the village in such like manner as in the present case. Accordingly, I hold the permission to gift away the property vide annexure P-l was granted merely to please the then Head of the State, who happened to be the Chairman of the Institute.

For the aforesaid reasons, I accept the writ petition and quash annexure P-1 as well as the resolution of Gram Panchayat, Neemka dated 19.2.1992.

No order as to costs.