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Punjab-Haryana High Court

Baljit & Anr vs State Of Haryana & Ors on 1 September, 2014

Bench: Surya Kant, Jaspal Singh

                                IN THE HIGH COURT OF PUNJAB & HARYANA AT
                                               CHANDIGARH


                                      Civil Writ Petition No.17794 of 2014
                                      Date of Decision: September 01, 2014

                     Baljit and another                                   .....Petitioners
                            versus
                     State of Haryana and others                          .....Respondents

                     CORAM : HON'BLE MR.JUSTICE SURYA KANT.
                             HON'BLE MR.JUSTICE JASPAL SINGH.

                     Present : Mr.Puneet Kakkar, Advocate, for the petitioners.
                                           -.-
                     1. Whether Reporters of Local papers may be allowed to see the judgment?
                     2. To be referred to the Reporters or not?
                     3. Whether the judgment should be reported in the Digest?
                                               ---
                     Surya Kant, J. (Oral)

The petitioners are statedly right-holders of village Bajidpur Saboli, Tehsil and District Sonepat. Their grievance is against carving out and allotment of 100 square yard plots to the persons living Below Poverty Line (BPL) as, according to them, the Gram Panchayat has carved out those plots out of the land reserved for "Gau Charand" (grazing ground). Reference is made to two decisions of this Court dated 07.07.2011 in CWP No.13652 of 2009 (Baljinder Singh and others versus The State of Haryana and others and dated 12.07.2013 in CWP No.14783 of 2013 (Roshan Lal versus State of Haryana and others) to contend that in the absence of an approved plan, the common purpose of land (shamlat deh) cannot be changed.

We have heard learned counsel for the petitioners and gone through the record.

Since the plots have already been carved out and allotted to the landless persons, it may not be expedient to cancel the same at this stage. However, the Gram Panchayat need to formulate the plan and get it approved from the Competent Authority for the optimum utilization of the land shamlat deh. We thus, dispose of this writ petition with a direction to respondent Nos.2, 4, 5 & 6 to take necessary steps in the light of the directions issued by this Court in the cited decisions, within a period of six months from the date of receiving a certified copy of this order.

Ordered accordingly.

Dasti.

                                                                 [SURYA KANT]
                                                                     JUDGE



                     September 01, 2014                          [JASPAL SINGH]
                          Mohinder                                   JUDGE




MOHINDER KUMAR
2014.10.10 11:29
I attest to the accuracy and
authenticity of this document
Chandigarh