CWP No. 10940 of 2010(O&M) -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 10940 of 2010(O&M) Date of Decision: December 06, 2011 Burra Gujjar Lok Bhilai Club (Regd.) …Petitioners Versus State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE RAJIV NARAIN RAINA Present: Mr. Rajinder Singh Rangpuri, Advocate for the petitioner. Mr. Suvir Sehgal, Addl. A.G., Punjab 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. 1. The instant petition has been filed in public interest by a club known as Burra Gujjar Lok Bhilai Club with a grievance that the Gram Panchayat village Burra Gujjar-respondent No.5 should not be permitted to sell 24 acres of Gram Panchayat land at a low price of ` 3,00,000/- per acre to the State Government for construction of Jail, which is estimated to be 1/4th of the market value because it would result into huge loss of ` 2 crores. 2. It is alleged that the Sarpanch of the village with connivance of some panches and official of Local Administration has decided to give 24 acres of the land of the Gram Panchayat to the State Government for construction of Sub Jail at a lower rate of ` 3 lacs per acre. To that effect a resolution dated 29.03.2010 was passed to sell the land at Collector rate, which is alleged to be far less than the present market value. It is also claimed that CWP No. 10940 of 2010(O&M) -2- the land was given during the consolidation by the villagers for village common purposes and the interest of the village has not been kept in view. To that effect a representation was also made on 01.04.2010 (P-8). 3. A written statement on behalf of respondent Nos. 1 to 4 has been filed. In the preliminary submissions, it has been categorically asserted that the Gram Panchayat willingly transferred the land to Director, Jail Department, Punjab for the construction of Sub Jail by passing resolution dated 29.03.2010 (P-3). The price of the land in question was fixed by the District Land Price Fixation Committee headed by Additional Deputy Commissioner (General) Sri Muktsar Sahib. The price fixed on the basis of Collector rate was at ` 2,30,000/- per acre and after 30% solatium, the price was worked out to ` 2,99,000/- per acre. The resolution of the Gram Panchayat has been supported by the averments that the transfer of land is in the larger public interest as it would be used for construction of sub jail and there is no personal interest involved in transferring the land. The resolution is required to be approved under Section 208 of the Punjab Panchayati Rat Act, 1994 (for brevity 'the Act') and the same was still under consideration. In para 4 of the preliminary submissions, it has been claimed that the construction of sub jail on the land is for the benefit of general public and inhabitants of the village and there is no loss likely to be incurred by the Gram Panchayat because the land did not generate any income as it was Barani land. 4. We have heard learned counsel for the parties at a considerable length and are of the view that the transfer of the CWP No. 10940 of 2010(O&M) -3- land by the Gram Panchayat in pursuance of the resolution dated 29.03.2010, would not suffer from any legal infirmity because the Gram Panchayat can always transfer Barani or Shamlat land belonging to the Panchayat. The Gram Panachyat has passed the resolution on 29.03.2010, which is as under: “The proposed resolution is presented and passed that the Government has made the demand of 24 acre shamlat land from the Gram Panchayat for construction of the Jail Building. The resolution is passed unanimously by the present members that the Gram Panchyat is agree to give 24 acre/ 25 acre land of the following numbers for construction of jail subject to the condition that the Government will pay the cost of the land as per Collector rate. The resolution is passed unanimously by the present members. It is also being decided that a passage of 5-5 Karam would be left from Khasra Nos. 1, 10, 11, 20, 21: Musteel No. 55 K. 1 (8-0), 2 (8-0), 3 (8- 0), 4(8-0), 6(8-0), 7(8-0), 8(8-0), 9(8-0), 10(8-0), 11(8-0), 12(8-0), 13(8-0), 14(6-4), 15(8-4), 16(8- 0), 17(8-13), 18(5-16), 19(8-0), 20(8-0), 21(8-0), 22/1 (5-7), 22/2 (1-13), 23(9-2), 24(8-0), 25(8-0) total 188 Kanal 19 Marlas.” 5. The aforesaid resolution has been passed under Section 8 of the Act. Moreover, the land has been transferred for a public purpose and there is no commercial angle involved. The CWP No. 10940 of 2010(O&M) -4- construction of sub jail in the village would serve the public interest and it is not open for the petitioners to say that they could purchase the land at a price of ` 12 lacs per acre. Therefore, we are of the view that the petition is devoid of merit and does not warrant admission. 6. Accordingly, the writ petition fails and the same is dismissed. (M.M. KUMAR) JUDGE (RAJIV NARAIN RAINA) JUDGE December 06, 2011 Atul