CWP No.2630 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2630 of 2009 Date of decision : 18-2-2009 Gram Panchayat Nizampura ....Petitioner VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Harchand Singh Batth, Advocate, for the petitioner. AJAI LAMBA, J. (Oral) Learned counsel for the petitioner contends that the respondents were required to release the grant in favour of the Gram Panchayat for execution of work in terms of Section 86 of the Punjab Gram Panchayat Act. For politically motivated reasons, however the grant is being released to Executive Engineer of Panchayati Raj Department This is also in contravention of the directions issued by this Court in CWP No.9417 of 2006 titled ‘Gram Panchayat, Satauj, Tehsil Sunam Vs. State of Punjab & Others' on August 21, 2006. Issue notice of motion. Sh. H.S. Brar, DAG, Punjab accepts notice on asking of the Court. CWP No.2630 of 2009 -2- Sh. H.S. Brar, DAG, Punjab states that directions have been issued on 11-2-2009 by the Government of Punjab, Department of Rural Development and Panchayats to all Administrative Secretaries. The Division Bench judgment rendered in CWP No.9417 of 2006 titled ‘Gram Panchayat, Satauj, Tehsil Sunam Vs. State of Punjab & Others' on August 21, 2006, shall be implemented in letter and spirit. In view of the stand taken by the respondents, this petition is disposed of. The operative part of Division Bench judgment however needs to be noticed which is to the following effect:- “In view of the discussion made above, it is held that the Scheme (Annexure R/1), cannot over-ride the provisions of the Act. Accordingly, it is ordered that all the grants sanctioned, whatever may be the source and Scheme, be credited to the funds of the Gram Panchayat and be put at its disposal, for utilization. It is further ordered that if any expertise is needed, the same be provided by technical wing of the department of Rural Development and Panchayats, Punjab. The authorities are at liberty, if need be, to ask for prior sanction of the development work in village and approval of estimates etc. However, the officials of the department have got no jurisdiction to execute those works in a village, directly under their own supervision. They may guide the Panches and Sarpanches, if need be.” Deputy Commissioner, Amritsar is directed to ensure compliance of instructions issued by the Government of Punjab, Department of Rural Development and Panchayats in letter dated 11-2-2009, memo No.4824-49 and the judgment passed by this CWP No.2630 of 2009 -3- Court in CWP No.9417 of 2006 titled ‘Gram Panchayat, Satauj, Tehsil Sunam Vs. State of Punjab & Others'. (AJAI LAMBA) 18-2-2009 JUDGE manju