CWP No.2082 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.2082 of 2009 Date of Decision: 2.2..2010 Boti Devi .....Petitioner Vs. State of Haryana and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Surender Dhull, Advocate for the petitioner. Mr. Rameshwar Malik, Addl.A.G. Haryana for respondent nos.1 to 4. .... RAJIVE BHALLA, J (Oral) Prayer in this petition is for the issuance of a writ in the nature of Mandamus, directing the respondents to frame a policy to regulate the leasing out of agricultural land. Counsel for the petitioner submits that the Municipal Committee leases out its land arbitrarily, without following the provisions of the Haryana Municipal Act and the Rules framed thereunder. It is submitted that in this view of the matter, a direction be issued to the State of Haryana, to frame a policy that would govern the lease of agricultural land, so as to prevent any wastage of public property. It is further submitted that as the land has now vested in the Municipal Committee, the Municipal Committee has increased the lease money drastically, therefore, depriving the persons, like the petitioner of an opportunity to take agricultural land on lease. It is also submitted that the Government should frame a policy, similar to the Rules framed under the Punjab Village Common Lands CWP No.2082 of 2009 2 (Regulation) Rules, 1964. Counsel for the Municipal Committee submits that the land in dispute is municipal property and as a consequence urban agricultural land. The provisions of the Punjab Village Common Lands (Regulation) Rules, 1964, have no applicability, as the purpose of those Rules is entirely different from the provisions of the Haryana Municipal Act or the Rules framed thereunder, no such direction, as prayed for by the petitioner, can be issued. It is further submitted that the Municipal Committee auctions its property in accordance with the provisions of the Haryana Municipal Act and Rules and even otherwise, there is no necessity of framing any policy, to regulate the auction of land owned by the Municipal Committee. I have heard learned counsel for the parties and find no reason to issue any direction, as prayed for. The Municipal Committee is governed by the provisions of the Haryana Municipal Act, the Rules framed thereunder and regulations that govern the lease of municipal property. The purpose of the Punjab Village Common Lands (Regulation) Act and Rules framed thereunder is entirely different, as it applies to agrarian property, whereas the Municipal Act, applies to urban areas. Even otherwise, no direction can be issued directing the Government to apply these rules to Municipal property. The petitioner's grievance that the Municipal Committee has increased the lease money falls within the domain of the Municipal Committee and cannot be interfered, as it is neither shown to be arbitrary nor illegal. As a consequence, the direction prayed for, cannot be issued. Dismissed. 2.2.2010 (RAJIVE BHALLA) GS JUDGE CWP No.2082 of 2009 3