CIVIL WRIT PETITION NO. 4935 OF 1987 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION August 13, 2010 Parties Name Hans Raj and others ...APPELLANTS VERSUS The State of Punjab and another ...RESPONDENTS CORAM: Hon'ble Mr. Justice Jasbir Singh. PRESENT: Mr. M.L.Sarin, Senior Advocate, with Mr. Nitin Sarin, Advocate, for the petitioners. Ms. Rita Kohli, Addl. A.G., Punjab Mr. Balbir Singh, Advocate, JASBIR SINGH, J. (oral) JUDGMENT: This writ petition has been filed with a prayer to quash order dated April 29, 1987, passed by respondent No. 1, cancelling sanction order regarding exchange of land by the petitioners with the Gram Panchayat. Counsel for the parties heard. It is apparent from the records that the petitioners were owners of land measuring 5 Kanals 8 Marlas comprised in Khasra No. 69//2/1 (5 Kanals 2 Marlas) and 69//3/1 (6 Marlas), situated in village Bagowal. On December 27, 1984, Gram Panchayat passed a resolution that 10 Marlas land out of above said land be exchanged with 10 Marlas land of the Gram CIVIL WRIT PETITION NO. 4935 OF 1987 -2- Panchayat comprising in Khasra No. 55//16/1 ( 2 Kanals 5 Marlas). As per resolution, land of the petitioner was required to widen a village road. Gram Panchayat's resolution was approved by the higher authorities and ultimately sanction for exchange of land was also granted by respondent No. 1 vide order dated July 28, 1986, in which it was clearly mentioned that exchange was being approved for benefit of the village, i.e., to widen a village road as per requirement of the Public Works Department. Sarpanch of the Gram Panchayat is present in Court. He has stated that on land of the petitioners, road was constructed and in the same fashion, petitioners also took possession of the Gram Panchayat's land and had constructed their houses. Paras No. 12 and 13 of the written-statement, filed on behalf of the Gram Panchayat, read thus: “12, 13. No comments but the answering respondent still feels that the exchange was made as the land of the petitioners was required for the public interest for widening the road.” Village Sarpanch, who is present in Court, has also stated that as on today, the present Gram Panchayat has no objection to the exchange earlier effected. Otherwise also, this Court is of the opinion that the land was exchanged for benefit of the villagers to widen an already existing 3 Karams road. After exchange, the road was constructed on the land given by the petitioners. There may be some technical flaw but in the interest of the village development, the same can be ignored. It is also apparent from the records that before passing order Annexure P-5, principles of natural justice were not complied with. No notice to cancel the sanction order was ever served upon the petitioners. CIVIL WRIT PETITION NO. 4935 OF 1987 -3- In view of above facts, this writ petition is allowed, order Annexure P-5 is quashed and order Annexure P-2 is restored. ( Jasbir Singh ) Judge August 13, 2010. DKC