1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.9655 of 2009 Date of Decision: 04.9.2009 Gram Panchayat Raipur …. Petitioner Versus State of Punjab and Others …. Respondents Present : Mr. R.S. Manhas, Advocate, for the petitioner. Mr. H.S. Gill, DAG, Punjab. *** S.S. SARON, J. Additional affidavit of the Director, Rural Development and Panchayats, Chandigarh filed in Court today, is taken on record subject to just exceptions. The petitioner-Gram Panchayat, Raipur has filed the present petition under Articles 226/227 of the Constitution of India, seeking quashing of letter dated 17.6.2009 (Annexure P-5) which is regarding returning the lease amount and cancelling the auction of Shamlat land for the year 2009-10 so as to construct a stadium under the Border Area Development Programme (B.A.D.P.- for short) Scheme. A further prayer has been made for directing the respondents to keep the cultivable land for the benefit of the residents of the village. The grievance of the petitioner Gram Panchayat is against the impugned letter dated 17.6.2009 (Annexure P-5) vide which the Block Development and Panchayat Officer (B.D&P.O.- for short) Block Dinanagar, Tehsil and District Gurdaspur (respondent No.4) has written to the Sarpanch, Gram Panchayat Raipur (petitioner) that it had been -2- CWP No.9655 of 2009 brought to the notice of the B.D.&PO. that the State Government had released Rs.40 lacs for the construction of a stadium in the Shamlat land of village Raipur under the B.A.D.P. Scheme. The right to incur the expenditure has been given to the Public Works Department. The plot on which stadium is to be constructed, was auctioned by the Gram Panchayat Raipur (Petitioner No.1) in the year 2009-2010. It was, therefore, directed that keeping in view that a stadium is to be constructed on the said land, the lease of the said land be cancelled and the lease amount be returned to the lessee. It is submitted that the petitioner-Gram Panchayat does not want a stadium to be constructed on the Shamlat land measuring 74 Kanals 15 Marlas as this land is for the common purposes of the village and the Gram Panchayat (petitioner) leases out this land for generating income for the welfare and development of the village. The Block Development and Panchayat Officer, Block Dinanagar (respondent No.4) it is alleged without approval from the Director, Panchayat and Rural Development (respondent No.2) and the State Government (respondent No.1) and without any resolution from the Gram Panchayat (petitioner) himself decided to construct a stadium in the Gram Panchayat land under the B.A.D.P. Scheme. The State Government has sanctioned Rs.40 lacs for construction of the stadium in the border area, which comprises of the entire Dinanagar Block, which includes number of Gram Panchayats. The B.D.&P.O. (respondent No.4) with a malafide intention and without sanction of the Gram Panchayat (petitioner) had taken a decision for constructing a stadium, which is not for the benefit of the inhabitants of the village. Rather the Gram Panchayat would be left with no other source of income. The land in fact has been given out for lease and money has also been deposited by the lessee. -3- CWP No.9655 of 2009 Reply has been filed by the B.D.&P.O. (respondent No.4) on behalf of respondents No.1 to 5. It is submitted that the writ petition has been filed with a malafide intention to defeat the public interest. The Sarpanch, Gram Panchayat, Raipur (petitioner) is of the other political party and therefore, for ulterior and political motives was opposing the development scheme for the village. It is submitted that keeping in view the larger interest and demands of the youths, the State Government decided to construct a stadium with the intention to develop sports and stop the youth from indulging in anti social activities especially in the border area and also stop them from indulging in drugs. An amount of Rs.40 lacs had been transferred to the Public Works Department for the scheme. It is stated that for the stadium 700 x 500 ft. land as per the Public Works Department is required and the Gram Panchayat (petitioner) has 10 acres of land in its name. The remaining land would be sufficient to run the functioning of the village and for its income. The petitioner-Gram Panchayat it is submitted has not approached the Court with clean hands. It is submitted that construction of stadium is also for common purposes and development of various sports activities for the public. The Director Panchayats has filed his affidavit wherein it is inter alia stated that out of Shamlat land measuring 74 kanals 15 marlas (9 acres, 2 kanals, 15 marlas) belongs to the Gram Panchayat and approximately 8 acres of land was required for the construction of a stadium. Even in the reply filed by the Block Development and Panchayat Officer, it is submitted that for the purpose of the stadium, 700 x 500 ft. i.e. 3,56,000 sq. ft. land is required as per PWD demand and the Gram Panchayat has 10 acres of land. The area of 3,56,000 sq. ft. works out to about 8 acres. Therefore, admittedly the land which is required for the purpose of constructing the stadium is more than fifty percent of the culturable area of the Gram Panchayat. -4- CWP No.9655 of 2009 Section 5 of the Punjab Village Common Lands (Regulation) Act, 1961 (for short ‘the Act’) provides for regulation, use and occupation of land vested or deemed to have been vested in a panchayat. In terms of Section 5 of the Act, all lands vested or deemed to have been vested in the panchayat under the Act, shall be utilized, or disposed of by the panchayat for the benefit of inhabitants of the village concerned in the prescribed manner. Sub Section (5), which is relevant for the purpose of this petition reads as under:- “Notwithstanding anything contained in the preceding sub- sections, no land vested or deemed to have been vested in a panchayat under this Act, shall be disposed of by way of sale, gift or exchange, so as to leave with the Panchayat, culturable area which is less than fifty percent of the total culturable area vested or deemed to have been vested in the Panchayat.” The land measuring 8 acres, which is required for constructing the stadium is indeed more than 50 percent of the total area of the Panchayat land measuring 9 acres, 2 Kanals and 15 marlas. Even otherwise, it has not been mentioned that the land which is to be used for constructing the stadium is to be transferred by way of sale, gift or exchange. In any case in whatever manner it is transferred, it would go out of the hands of the panchayat and would not vest in it. In this manner, the panchayat would be left with culturable area, which is less than fifty percent of the total culturable area. Therefore, even though the purpose of utilization of the land is an avowed one, that is, construction of a stadium, the petitioner cannot be deprived of its land. The utilization of land for the construction of a stadium would be more than fifty percent of the culturable area. The statutory provisions providing for leaving the panchayat with less than fifty percent of the culturable area would be infringed, if land is utilized for the -5- CWP No.9655 of 2009 construction of a stadium. Therefore, the construction of a stadium is liable to be considered on some other land that may be available or may be acquired, but certainly not on the land of the petitioner (Gram Panchayat, Raipur). In the aforesaid circumstances, the writ petition is allowed and letter dated 17.6.2009 (Annexure P-5) by which the petitioner has been asked to get the Gram Panchayat’s land vacated is quashed. (S.S. SARON) JUDGE 4.9.2009 gaurav