IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Civil Writ Petition No.10243 of 2008 Date of Decision: April 25, 2011 Gram Panchayat, Phulkan, Tehsil & District Sirsa .....PETITIONER(S) VERSUS State of Haryana & others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Gaurav Singla, Advocate, for Mr. Sanjiv Gupta, Advocate, for the petitioner. Mr. Sukhvinder Singh Nara, Senior Deputy Advocate General, Haryana, for respondent Nos.1 to 3. Mr. C.B. Goel, Advocate, for respondent No.4. . . . AJAI LAMBA, J (Oral) 1. On 2.2.2011, the following order was passed:- “Learned counsel for the petitioner contends that a perusal of resolution passed by petitioner-Gram Panchayat makes it evident that the land was given only for establish- ing regional centre of Kurukshetra University, Kurukshe- tra. University at this point in time, however, is leasing out the land and, therefore, the very purpose of gift has been defeated. CWP No.10243 of 2008 [2] Learned counsel further contends that sanction was given by the Government for gift of land, also for the said purpose only. Deviation from the purpose, therefore, can- not be accepted in law. From the written statement filed on behalf of the State, I find that the main issue has been evaded, rather, civil law issue is sought to be raised to the effect that the gift is complete. Prima facie, I am of the opinion that Gram Pan- chayat has transferred valuable land. Such transfer could only be for the purposes reflected under the Punjab Village Common Lands (Regulation) Act, 1961 and the Rules framed thereunder. Benefit of the residents of the village has been seen while passing the resolution. The said pur- pose, however, has been defeated. Language of the resolution (relevant portion) reads as under:- “1. That the letter No. 176 dt. 21.1.93 received from the Deputy Vice Chancellor, Kurukshetra University and letter No. 402 dt. 27.1.93 of Deputy Commis- sioner, Sirsa was presented before the Sarpanch wherein they have requested to Gram Panmchayat Phulkan for giving in gift 100 Acres 05 kanals 16 marlas land for establishing the Regional Centre of Kurukshetra University Kurukshetra. After consider- ing this proposal by the Gram Panchayat it has been revealed that on the establishment of the centre, the villagers and the inhabitants of nearby villages will get the benefit of higher education and as such keep- ing in view the interest at large, the Gram Panchayat has decided that the Panchayat accepts the proposal of giving gift of 100 Acres 05 Kanals 16 Marlas land. The Panchayat also certified that the gifted land is the ownership of the panchayat and is free from all en- cumbrances. The Panchayat is self cultivator and only accepts to give in gift for the Regional Centre.” Secretary, Rural Development and Panchayat De- partment, Haryana is directed to file a specific affidavit in the context of the contention of the petitioner-Gram Pan- chayat and what has been observed above. Learned coun- sel has also relied on law laid down by the Hon'ble Su- preme Court of India in 2002 (3) RCR Civil 64, B.L. Wad- hera vs. Union of India, which law shall also be taken into account in context of the issue raised. Adjourned to 28.02.2011.” 2. Affidavit sworn on 21.4.2011 by Shri P. Raghavendra Rao, Financial Commissioner & Principal Secretary to Government of Haryana, CWP No.10243 of 2008 [3] Development and Panchayats Department, has been filed on behalf of respondent No.1 which is taken on record. Following is the stand in Para 6 of the affidavit:- “6. That the State Government has considered the matter keeping in view the provisions under section 5B(2) of the Act. The State Government, prima facie, is of the view that the gift of land in shamilat deh measuring 100 acre 5 kanal 16 marla to the Kurukshetra University, Kurukshetra for the establishment of the Regional Centre at Phulkan is no longer required by the University and its continuation is not in the interest of the villagers / Panchayat. Accordingly, in exercise of powers under section 5B(2) of the Punjab Village Common Lands (Regulation) Act, 1961, the Kurukshetra University has been issued a show cause notice dated 29.3.2011, as to why the gift of land may not be cancelled and the possession of the land may be restored back to the Gram Panchayat, Phulkan. The University has submitted its reply dated 7.4.2011 stating therein that the establishment of Regional Centre at village Phulkan at this stage would not be in the fitness of things for the reason that a full- fledged University i.e. Ch. Devi Lal University has since been established in Sirsa City and therefore, the Government may decide the utilization of land as it deem proper. A copy of the reply submitted by the Kurukshetra University to the show cause notice dated 29.3.2011 is annexed as annexure R-1.” 3. Perusal of the stand taken by the respondent-State indicates that the State Government has re-considered the issue of setting up of regional centre. Setting up of regional centre has been found to be unnecessary. Even the University has taken identical stand. 4. In view of the stand of the respondents, the petition has been rendered infructuous and is disposed of as such. (AJAI LAMBA) April 25, 2011 JUDGE avin CWP No.10243 of 2008 [4] 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?