In the High Court of Punjab and Haryana at Chandigarh ...... CM No.10683 of 2009 and C.W.P. No.18255 of 2007 ..... Date of decision:8.9.2009 Malkiat Ram and others .....Petitioners v. State of Punjab and others .....Respondents .... Present: Mr. Gurcharan Dass, Advocate for the petitioners with Mr. Malkiat Ram (petitioner No.1) and Mr. Bachittar Singh (petitioner No.7). . Mr. H.S. Gill, Deputy Advocate General, Punjab for respondents No.1 to 5. Mr. M.L. Saini, Advocate for Mr. V.K. Shukla, Advocate for respondents No.6 with Shri Ram Lubhaya, Sarpanch. Mr. Anterpreet Singh, Advocate for Mr. Vikas Bahl, Advocate for respondents No.7 and 8 with Mr. Balbir Singh (respondent No.7) and Mr. Avtar Singh (respondent No.8). ..... S.S. Saron, J. The writ petition has been filed seeking quashing of the order dated 15.10.2007 (Annexure-P.9) passed by the Secretary to Government of Punjab, Department of Rural Development and Panchayats. Malkiat Ram (petitioner No.1) and Sarwan Ram (petitioner No.2) and Smt. Vidya (petitioner No.3) are Panches of Gram Panchayat, Village Mehmoodpur, Block Aur, District Nawanshahr. Sarwan Ram (petitioner No.2) and Smt. Vidya (petitioner No.3) have given their special power of attorneys in favour of Malkiat Ram (petitioner No.1). Sarwan CM No.10683 of 2009 and C.W.P. No.18255 of 2007 [2] Ram (petitioner No.2) is abroad. Balbir Singh (petitioner No.4), Tarsem Singh (petitioner No.5) and Parkash Singh (petitioner No.6) are Lambardars of Village Mehmoodpur. Bachittar Singh (petitioner No.7) is a non-resident Indian and presently residing at Village Mehmoodpur. In Village Mehmoodpur there are about 200 houses and about 600 voters. There are three cremation grounds. One is comprised in Khasra No.2219/753/754 measuring 2 Kanals. This is recorded in the revenue record in the column of cultivation as `Maqbooja Ahle Hadooja' and the kind of land is mentioned as `Gair Mumkin Masan'. The other cremation ground is in Khasra No.2467/472 measuring 2 Kanals. Copy of the Jamabandi for the year 2001-2002 (Annexure-P.1) in this regard has been placed on record. The third cremation ground is being used for members of the Scheduled Castes which is in Khasra No.2480/1742, 1743 measuring 2 Kanals 7 Marlas. Copy of the Jamabandi for the year 2001-2002 (Annexure-P.2) in this regard is on record. The cremation ground in Khasra No.2467/472 measuring 2 Kanals, which is recorded in revenue record as `Gair Mumkin Masan' is on the eastern side of the village and cremation ground comprised in Khasra No.2219 is on the western side of the village. On 2.8.2006, a general body meeting of the Gram Panchayat, Village Mehmoodpur was held by the Sarpanch which was attended by Shri Dharam Pal, Block Development and Panchayats Officer and other members of the Panchayat. A resolution (Annexure-P.3) was passed by the Gram Panchayat that the cremation ground located on the eastern side of the village be transferred to the western side. It was recorded that a demand was being made by the villagers on the ground that the cremation ground situated on the eastern CM No.10683 of 2009 and C.W.P. No.18255 of 2007 [3] side of the village was being used by the Zimindars and this cremation ground is encircled by the `Abadi'. Balbir Singh, Sarpanch (respondent No.7) and Avtar Singh, Panch (respondent No.8) were not, however, agreeable to the proposal. In any case, the resolution (Annexure-P.3) was passed on 2.8.2006. The Director, Rural Development and Panchayats (respondent No.2) on an application submitted by residents of Village to the Additional Director, Rural Development and Panchayats got an inquiry conducted. A report was submitted by the Additional Director, Rural Development and Panchayats, who visited the spot and recommended that the cremation ground be shifted to the western side of the village and the cremation ground situated within the `Abadi' can be used for common purposes of the Gram Panchayat. In terms of the order dated 2.10.2006 (Annexure-P.4) the Director, Rural Development and Panchayats (respondent No.2) granted necessary approval to shift the cremation ground from the eastern side of the village to the western side of the village. However, Balbir Singh (respondent No.7) and Avtar Singh (respondent No.8) aggrieved against the sanction granted by the Director, Rural Development and Panchayats in terms of order dated 2.10.2006 (Annexure- P.4) filed an appeal (Annexure-P.7) before the Secretary to Government of Punjab, exercising the jurisdiction under the Punjab Panchayati Raj Act, 1994. The appeal of Balbir Singh and Avtar Singh (respondents No.7 and 8) was accepted by the Secretary to the Government of Punjab, Department of Rural Development and Panchayats vide order dated 15.10.2007 (Annexure-P.9). Aggrieved against the same, the petitioners have filed the present petition. CM No.10683 of 2009 and C.W.P. No.18255 of 2007 [4] Notice of motion was issued in the case on 3.12.2007 and in the meantime operation of the order dated 15.10.2007 (Annexure-P.9) was stayed. During the pendency of the revision petition, CM No.10683 of 2009 has been filed for grant of permission to place on record certain documents i.e. agreement/compromise deed dated 4.12.2008 (Annexure-P.17) and Jamabandi for the year 2006-07 (Annexure-P.18) wherein endorsement has been made regarding Mutation No.2206 having been sanctioned in favour of the Gram Panchayat Mehmoodpur. Heard learned counsel for the parties who are present with their respective parties. It is stated by all the parties unanimously that the dispute between the parties has been amicably resolved in terms of the compromise recorded on 4.12.2008 (Annexure-P.17). In terms of the said compromise, it has been agreed that the cremation ground which is on the eastern side of the village shall be shifted to the western side. Besides, one Zail Singh son of Mehnga Singh, Member Panchayat had agreed to donate 18 Karams x 18 Karams of land from his ownership in favour of the Gram Panchayat. There is an endorsement in the Jamabandi for the year 2006-07 (Annexure-P.18) to the effect that Mutation No.2206 in respect of the gift made by Zail Singh son of Mehnga Singh son Ram Kishan in respect of 36/3052 share measuring 1 Kanal 16 Marlas has been sanctioned in favour of Gram Panchayat Mehmoodpur. It is the accepted position that the said land in terms of the agreement/compromise as also the gift deed executed by Zail Singh son of Mehnga Singh shall be used for the purpose of cremation ground. The land which was being used for cremation ground on the CM No.10683 of 2009 and C.W.P. No.18255 of 2007 [5] eastern side has now been converted into a children park. The ownership of which, as agreed by all the parties, shall continue to vest in the Gram Panchayat Village Mehmoodpur. The photographs (Annexures-P.10 to P.14) with regard to the existence and functioning of the children park have been placed on record. Keeping in view the aforesaid facts and circumstances and the fact that the residents of the village have agreed to settle their dispute amicably, the Court is satisfied that the said compromise is for the benefit of all the villagers. It may be noticed that in terms of the compromise the cremation ground on the eastern side of the village measuring 2 Kanals, is now being used as children park. The ownership, management and possession of which shall continue to vest in the Gram Panchayat. Besides, for the purpose of cremation ground land measuring 1 Kanals 16 Marlas has been donated by Zail Singh son of Mehnga Singh and Mutation No.2206 in this regard has been sanctioned in favour of Gram Panchayat. Learned counsel appearing for the parties, on instructions from their respective clients, have expressed full satisfaction with regard to the settlement that has been reached at. In view of above, the civil writ petition is allowed. The order dated 15.10.2007 (Annexure-P.9) is set aside and quashed and the parties shall remain bound by the settlement dated 4.12.2008 (Annexure-P.17). September 8, 2009. (S.S. Saron) Judge *hsp* NOTE: Whether to be referred to the Reporter or not:Yes/No