Punjab & Haryana High Court Sets Aside Govt Nod To Transfer Panchayat Land To Pvt Developer

The Punjab and Haryana High Court quashed an order passed by the Punjab Government permitting the exchange of over 42 kanals of gram panchayat land abutting Airport Road in Mohali with another chunk owned by a coloniser.

"The entire process of exchange of land smacks of mala fide as its real purpose is to give benefit to the coloniser/developer, who would later sell the same in the shape of plots/flats/houses at exorbitant rates," the Bench of Justice Rajan Gupta and Justice Karamjit Singh ruled.

What the Bench said

The Bench asserted that the gram panchayat land was abutting the 200-foot-wide "PR-9" road, which approached the Mohali International Airport. It was highly valuable, being useful for industrial and commercial purposes, compared to the land the gram panchayat would get in its exchange from the private developer.

The Bench asserted that the gram panchayat land was abutting the 200-foot-wide "PR-9" road, which approached the Mohali International Airport. It was highly valuable, being useful for industrial and commercial purposes, compared to the land the gram panchayat would get in its exchange from the private developer.

"Viewed from any angle, the exchange of gram panchayat land cannot be justified, it being only for the benefit of the private developer and, thus, it cannot be sustained," the Bench added, while also setting aside impugned resolutions passed by the gram panchayat permitting the exchange of its land in violation of the statutory provisions of law.

Referring to the provisions of law, the Bench asserted that it was necessary for the gram panchayat to apply its mind and satisfy itself that the exchange was for the benefit of the inhabitants. However, such satisfaction was not recorded by it while passing the impugned resolutions.

The Bench added that a village gram panchayat, being democratically elected by the inhabitants, was under duty to watch their interests. In the case in hand, the gram panchayat failed to show that the proposed land exchange was for the benefit of the village residents. Anybody prejudicially affected by the acts or omissions committed by the gram panchayat could invoke writ jurisdiction, even though he may not have proprietary interest in the subject matter.

The Bench observed that both the chunks of equal area to be exchanged were situated in Drari village in Mohali district. A drain for disposal of sewage was abutting the developer's land and the foul smell could be a permanent source of nuisance for the adjoining landowners. At the same time, the drain was more than six acres away from the gram panchayat land proposed to be given in exchange.

"This clearly shows that the private coloniser/developer intends to get rid of his land, which is unfit for residential purposes being near the aforesaid drain. In lieu of the land, he would get prime land abutting the 200-foot-wide PR-9 road, having high commercial and industrial potential," the Bench added.