IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.16922 of 2008 Date of Decision : 21.7.2010 Mehar Singh and others ....Petitioners Versus State of Punjab and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.S.K.Sandhir, Advocate for the petitioners. Mr.Surinder Kapoor, Addl.A.G., Punjab for respondents No.1 to 4. Mr. Mohd. Yousaf, Advocate for respondent No.6. ..... MAHESH GROVER, J. On request of learned counsel for the State of Punjab, who prayed for time to seek instructions as to whether approval was granted to effect an exchange of the property of the Gram Panchayat, time was granted to him for this purpose in February, 2010, but the same has still not been done after a period of about five months. Learned counsel for the State says that the matter may be decided and he has no objection if the writ petition is disposed of without any specific instructions. He, however, conceded that as per the record available necessary approval is not granted. The only controversy that has to be decided is that according to Section 85 of the Punjab Panchayati Raj Act, 1994 C.W.P.No.16922 of 2008 -2- (hereinafter referred to as 'the Act'). No transactions could have been effected by a Gram Panchayat without prior approval of the State Government. The Gram Panchayat earlier passed resolution dated 20.2.2001 and a subsequent one on 28.9.2004. The challenge was made to the resolution dated 20.2.2001 before the Secretary, Department of Rural Development and Panchayats, Punjab wherein it was observed that the resolution dated 20.2.2001 was beneficial to the village and was in public interest and therefore the same was upheld in preference to the resolution dated 28.9.2004. This is the grievance of the petitioners that the resolution dated 28.9.2004 ought to have been given effect to. After hearing the learned counsel for the parties, I am of the opinion that the prayer of the petitioners to enforce a particular resolution cannot be granted. The observation that no resolution was given effect to without prior approval of the Government has some merit, more so when no record has been shown by the respondent- State that any approval was granted to give effect to such a resolution. There is, in fact, no infirmity in the order of the Secretary, Department of Rural Development and Panchayats, Punjab, but the resolution observed above cannot be given effect to without compliance of Section 85 of the Act. Learned counsel for the respondent-State has stated that the provisions under Section 85 of the Act do not cover the exchange of land. I am of the opinion that the contention of learned counsel for the State is without any merit. The exchange of a land necessarily C.W.P.No.16922 of 2008 -3- involves acquisition and disposal of certain land which belongs to the Gram Panchayat. The contention therefore has to be rejected. The writ petition is dismissed, however, with the observation that the resolution which has been approved by the order of the Secretary can be given effect to by granting the necessary approval of the State Government. 21.7.2010 (MAHESH GROVER) dss