C.W.P No.17000 of 2008 1 In the High Court of Punjab and Haryana, Chandigarh. C.W.P No.17000 of 2008 Date of Decision: 21.10.2008 Gurdev Singh and others ....Petitioner. Versus State of Punjab and others ....Respondents. Coram:- Hon'ble Mr.Justice J.S. Khehar Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Ramesh Sharma, Advocate for the petitioners. ... J.S. Khehar, J. A special meeting of the Gram Sabha of village Jahangirpur, was held on 7.7.2007 under the chairmanship of its President Balwinder Singh. The aforesaid meeting was called for allowing the Punjab Agriculture University, Ludhiana, to set up an Agriculture Science Centre, which would be beneficial for the residents of the village, not only on account of the activities carried out by the Agriculture Science Centre, but also, for providing employment to the residents of the village. The Gram Sabha, Jahangirpur, passed a unanimous resolution, which was fully supported by the Gram Panchayat, as well. The District Development and Panchayat Officer, Amritsar, carried out a spot inspection of Shamlat land where the aforesaid C.W.P No.17000 of 2008 2 Agriculture Science Centre was to be located, and after examining the pros and cons of the issue, addressed a communication to the Divisional Deputy Director, Department of Rural Development and Panchayats, Jalandhar. On the basis of the communication received by the Divisional Deputy Director, Department of Rural Development and Panchayats, Jalandhar (respondent No.3), a communication was addressed by him to the Director, Department of Rural Development and Panchayats, Punjab, dated 6.9.2007, wherein after examining the proposal of giving Shamlat land for setting up of the Agriculture Science Centre, he opined that the resolution passed by the Gram Panchayat for donating 12 acres of land for the construction of the Agriculture Science Centre was in consonance with the government instructions. He also opined that the land in question could be effectively used for the purpose of setting up of an Agriculture Science Centre as the same is adjoining a metalled road. It was further recorded that the residents of the village would also benefit by the setting up of the Agriculture Science Centre. The recommendation made by the Divisional Deputy Director, Department of Rural Development and Panchayats, Jalandhar, to the Director, Department of Rural Development and Panchayats, Punjab dated 6.9.2007, was considered by the government. Whereupon, an order dated 17.10.2007 was passed approving the transfer of the aforesaid Shamlat land of the village for the construction of an Agriculture Science Centre to the Punjab Agriculture University, Ludhiana, on the following terms and conditions: -- “1. If the Punjab Agriculture University, Ludhiana closes its above institution then it would be bound to return the C.W.P No.17000 of 2008 3 Management and Control of the above lands given by the Gram Panchayat as donated land, to the Gram Panchayat. 2. The unemployed persons of village Jahangir, will be employed and given employment on priority basis. 3. The desiring women of village Jahangir, will be provided knowledge about some working business for earnings. 4. The farmers of village Jahangir, shall be given training about the farming techniques and farmers concerned issues and they will also be given assistance for getting employments.” The order dated 17.10.2007, approving the construction of the Agriculture Science Centre on Shamlat land of village, Jahangir, is subject matter of challenge at the hands of the petitioners. It is the vehement contention of the learned counsel for the petitioners, that the Gram Panchayat had been leasing out the land in question from year to year and had been fetching good income. It is also the submission of the learned counsel for the petitioners, that the aforesaid income is being used by the Gram Panchayat for the development of the village. It is, therefore, the contention of the learned counsel for the petitioners, that the transfer of Shamlat land for the construction of the Agriculture Science Centre, would not be of any benefit to the residents of the village, and would also result in depriving the Gram Panchayat of valuable income to be used for the development of the village. Rather than surrendering the land, which in fact, belongs to the proprietors of the village, without any justification, the petitioners claim that the land in question should be returned to the proprietors in terms of their shares. We have considered the submissions advanced by the learned C.W.P No.17000 of 2008 4 counsel for the petitioners. During the course of hearing, learned counsel for the petitioners vehemently contended, that the Gram Panchayat, Jahangir, had no right or authority to surrender Shamlat land as the same was not in the benefit of the village community. The specific submission is, that the residents of village Jahangir, are against the transfer of Shamlat land. This contention advanced by the learned counsel for the petitioners, is on the face of it misconceived. We have perused the resolution passed on 7.7.2007. The same is not just a resolution at the hands of the Gram Panchayat, Jahangir, but also a resolution adopted in furtherance of a special meeting of the Gram Sabha, Jahangirpur. It is, therefore, apparent that the resolution was not passed in a representative capacity on behalf of the residents of the village, but was passed by the villagers themselves, in the nature of a resolution of the Gram Sabha. The Gram Sabha was satisfied, that the establishment of Agriculture Science Centre on Shamlat land of the village would be beneficial for the village community. It is, therefore, not possible for us to accept that the resolution in question was not passed by the Gram Panchayat of village Jahangir, in a representative capacity at the behest of the residents of the village. The second contention advanced by the learned counsel for the petitioners, was that the transfer of the land in question to the Punjab Agriculture University, Ludhiana, for setting up the Agriculture Science Centre would be detrimental to the interest of the village community as it would deprive the village community of earnings of the Gram Panchayat by leasing the land on an annual basis. Having considered the second contention advanced by the learned counsel for the petitioners, we find no merit therein as well. The C.W.P No.17000 of 2008 5 Gram Sabha independently examined the issue under reference, namely, the benefit of setting up of the Agriculture Science Centre on Shamlat land of the village. This determination at the hands of the Gram Sabha of village Jahangirpur, was endorsed by the Block Development and Panchayat Officer, who made a recommendation to the Divisional Deputy Director, Department of Rural Development and Panchayats, Jalandhar. The proposal was, accordingly, examined at the level of the Divisional Deputy Director, and further by the Director, Department of Rural Development and Panchayats, Punjab. It is thereupon, that the State government endorsed the determination rendered by the Gram Panchayat, as well as, the authorities referred to hereinabove, for the setting up of the Agriculture Science Centre on explicit terms and conditions. The explicit terms and conditions for setting up of the Agriculture Science Centre depicted in the order dated 17.10.2007 have been extracted hereinabove. From the same, it is amply clear that the interest of the village has been suitably protected, inasmuch as, in case the Agriculture Science Centre is wound up or closed, the land in question would be returned for purposes of management and control to the Gram Panchayat, Jahangir. The terms and conditions also notice, that unemployed persons of village Jahangir, would be allowed employment as a matter of priority/preference in the Agriculture Science Centre. Additionally, the impugned order dated 17.10.2007 also records that the desiring women of village Jahangir, would be provided assistance and training for setting up establishments for self employment ventures, so as to generate income for themselves. Even the farmers of village Jahangirpur, would be afforded training on farm techniques, and would also be given assistance for getting employment. In the aforesaid view of the matter, we C.W.P No.17000 of 2008 6 are satisfied that Shamlat land of the village has been put to use by the impugned order dated 17.10.2007 for the benefit of the residents of village Jahangir. No policy instructions or statutory rule has been brought to our notice on the basis whereof the action of the Gram Sabha/Gram Panchayat (as also, the State functionaries) in allowing the setting up of the Agriculture Science Centre by the Punjab Agriculture University, Ludhiana, on Shamlat land of village Jahangir, could be vitiated. For the reasons recorded hereinabove, we find no infirmity in the transfer of the land in question for setting up of the Agriculture Science Centre. In view of our aforesaid determination, we are also of the view that the claim of the petitioners, that the land in question should be ordered to be returned to the proprietors in terms of their shares, is also misconceived and is liable to be rejected. The same is, accordingly, also rejected. Dismissed. ( J.S. Khehar ) Judge ( Nirmaljit Kaur ) Judge. 21.10.2008 sk.