Punjab-Haryana High Court
Gram Panchayat Village Bhagna vs State Of Haryana And Others on 8 July, 2013
Bench: Jasbir Singh, G.S. Sandhawalia
CWP No. 4616 of 2013 (O & M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
*****
CWP No. 4616 of 2013 (O & M)
Date of decision : 8.7.2013
Gram Panchayat Village Bhagna ........Petitioner
Vs.
State of Haryana and others ....Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh
Hon'ble Mr. Justice G.S. Sandhawalia
Present:- Mr. Kuldeep Tiwari, Advocate, for the petitioner
Mr. D. Khanna, Addl. AG, Haryana
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Jasbir Singh, J. (Oral)
CM NO. 9277 of 2013 Application is allowed. Counter affidavit filed on behalf of respondent No.4, is taken on record.
CWP No. 4616 of 2013
By filing this writ petition, the petitioner has raised a grievance against directions issued by the National Human Rights Commission, which were conveyed for action, to the Gram Panchayat by the Deputy Commissioner, vide letter dated 2.11.2012 (P-9).
In that letter, show cause notice was given to the Gram Panchayat to act upon the directions issued by the National Human Rights Commission.
It is on record that the National Human Rights Commission Kumar Ashwani on receipt of a complaint from Varinder Singh and others, residents of the 2013.07.26 10:43 I attest to the accuracy and integrity of this document CWP No. 4616 of 2013 (O & M) -2- village, sent an investigation team to check into allegations of above persons and on perusal of report, following directions were issued :-
"(i) The directions of Govt. of Haryana vide letter No. S-
1/2007/3864-84 dated 1.2.2008 may be implemented in letter and spirit by the Gram Panchayat, under the direct supervision of DC, Hisar.
(ii) The wall erected around the "Ahlanpana Chowk" may be demolished and the chowk should be made available for the use of all the villagers but not by any particular community; and
(iii) The common land, which was used as play ground by the children of the village may be developed as proper play ground by the district administration and may be utilized for the Welfare activities of all the community people of the village. The play ground (disputed land) be earmarked as Govt. common land and excluded from distribution." It is case of the petitioner that such like directions cannot be issued to the Gram Panchayat and further in a civil suit, which the encroachers have filed, findings have come in favour of the Gram Panchayat.
When notice of motion was issued on 2.3.2013, following contention of counsel for the petitioner was noticed by this Court :-
"Counsel for the petitioner, inter alia, contends that directions, issued by the National Human Rights Commission, are factually incorrect as resolution qua handing over the land, in dispute, to the District Sport Authority, for constructing Stadium was passed as far back as 2007 and necessary formalities have already been completed. It is also submitted that a wall around the chowk has been constructed to stop encroachment and in civil suit, filed by the Kumar Ashwani 2013.07.26 10:43 complainant, who filed the petition before the National I attest to the accuracy and integrity of this document CWP No. 4616 of 2013 (O & M) -3- Human Rights Commission, injunction has been declined."
Upon notice, reply has been filed by the National Human Rights Commission through its Deputy Registrar (respondent No.4). Relevant paras of affidavit of Mr. Sunil Arora, Deputy Registrar of the National Human Rights Commission, reads thus :-
"6. That the Investigation Team of the Commission submitted a report dated 31.8.2012. The team reported that the Government of Haryana had issued directions to all Dcs on 1.2.2008 to allot 100 sq. yds. Plots to each landless SC family and BPL families from the available common land in the village. But the Jat community of the village Bhagana constituted a 15 members village Committee to distribute the available common land between the villagers violating the norms prescribed by the Government. The Village Committee also collected ` 1000/-per family towards the registration fee for allotment of common land. The Team further reported that few Jats of the village who were annoyed with the dalit youths had denied 40 families of these dalits to work in their agricultural lands. It was further reported by the investigation team that a six feet high wall had been constructed around Ahlanpana Chowk which prevented the access of 3 dalit families to their house, as hardly 3 space was left in between the wall and the door of the house. However, after the intervention of the District Administration, the wall was shifted leaving about 10 ft. in front of the houses.
7. That the Investigation Team of the Commission made the following recommendations :
a. The directions of Govt. of Haryana vide letter No. S-1- 2007/3864-84 dt. 1.2.08 may be implelmented in letter and spirit by the Gram Panchayat, under the direct supervision of DC, Hisar.
b. The wall erected around the "Ahlanpana Chowk" may Kumar Ashwani 2013.07.26 10:43 I attest to the accuracy and integrity of this document CWP No. 4616 of 2013 (O & M) -4- be demolished and the chowk should be made available for the use of all the villagers but not by any particular community.
c. The common land which was used as playground by the children of the village may be developed as proper playground by the district administration and may be utilized for the Welfare activities of all the community people of the village. The playground (disputed land) be earmarked as Govt. common land and excluded from distribution.
8. That the Commission merely forwarded the report and recommendations of the Investigation Team to the Government of Haryana for its comments. The Commission did not, however, make any recommendation to the State Government.
9. That the list which has been filed by the petitioner as Annexure P-10 with the petition itself shows that many persons who were not below the poverty line, have been allotted by the Village Committee.
10. That the Commission has never sought to restrict the power or authority of the Gram Panchayat. It has also sought to protect the interests of the dalits by insisting that the criteria laid by the State Government in its Order dated 1.2.2008 should be strictly adhered to while allotting common land. The Commission also seeks to ensure that the dalits of the village are not made victim of social boycott and are not deprived of lawful right.
11. That the matter is still under the consideration of the Commission and vide proceedings dated 20th May, 2013, the Commission has asked the complainant and the Deputy Commissioner of Hisar to appear before it on 1st July, 2013 for further discussion and possible amicable settlement of the matter."
It is specifically stated that the National Human Rights Kumar Ashwani 2013.07.26 10:43 I attest to the accuracy and integrity of this document CWP No. 4616 of 2013 (O & M) -5- Commission did not give any direction to the Deputy Commissioner to implement the issues which have been indicated in the letter issued by the Deputy Commissioner, as referred to above. Only comments of the Government were sought qua the findings given by the Enquiry Committee. It was further said that no recommendation was made to the respondent-State to implement above said directions.
It was further stated that matter is still pending and is under consideration. The complainant and the Deputy Commissioner are called to discuss the matter on a particular date.
If that is so, we feel that it will be proper for the petitioner to approach the National Human Rights Commission for its relief. The Deputy Commissioner is supposed not to take action, as has been indicated in the letter Annexure P-9, unless and until the matter is finally decided by the National Human Rights Commission.
Giving liberty to the petitioner as above, this writ petition is disposed of.
The petitioner would be at liberty to challenge jurisdiction of the National Human Rights Commission to issue such like directions.
(Jasbir Singh) Judge (G.S. Sandhawalia) Judge 8.7.2013 Ashwani Kumar Ashwani 2013.07.26 10:43 I attest to the accuracy and integrity of this document