Very important point
The Gram Panchayat of village Bhondsi in Haryana has no power, right or jurisdiction to transfer impugned common forest land by way of gift to Bharat Yatra Kendra Trust headed by former Prime Minister Shri Chandra Shekhar (Respondent 7). The Supreme Court has directed respondent No. 7 (The Trust headed by Mr. Chandra Shekhar) to return Bhondsi Land to Haryana Govt. within two months giving several other directions making the Rule absolute.

Headnote:(i) Punjab Common Land (Regulations) Act, 1961—Sections 2(g), 5A and 5B—Punjab Village Common (Regulations) Rules, 1964—Rules 13, 13A—Forest Conservation Act, 1980—Section 2—Bharat Yatra Kendra Trust headed by former Prime Minister Shri Chandra Shekhar (respondent 7) was gifted about 51 acres of Shamlat (Common) forest land around his ashram on the outskirts of Capital falling in Haryana State by Gram Panchayat of village Bhondsi vide its resolutions dated 22.10.83 and 18.12.89 approved by State Govt. on 3.3.84 and 6.6.1990 subject to conditions—Challenged in writ petition under Article 32 by way of Public Interest Litigation on grounds, inter alia common forest land was grabbed illegally by respondent 7—Whether correct? (Yes)—Directions given to respondent 7 to return it to State of Haryana within 2 months.
       Held : It cannot be disputed that the gifts proposed by the Panchayat, approved by the State Government and ultimately made by the Gram Panchayat are in violation of provisions of Section 5A and 5B of the Act read with Rule 13A of the Rules. As the gifts have been made in favour of persons other than those specified in the mandatory provisions of Sections 5A and 5B, the same are void-ab-initio. Making of the gift apparently appears to be abuse of the powers vesting in the Panchayat. The State Government appears to have taken a very casual approach in the matter and granted the approval for reasons best known only to it. Non application of the mind of the State government is writ large in the case. The manner in which the Gram Panchayat and the State Government have dealt with the matter shows that they were overshadowed by the towering political personality of Sh. Chander Shekhar, Chairman of Respondent No. 7. His giant stature, hovering over the office bearers of the Gram Panchayat and officials of the State Government appears to have factually immobilised them in the discharge of their duties which resulted in their scummbing to heavy weight of the influential respondent. (Para 36)
       Held further : Assuming that the Government had the right to grant the approval for making the gift under Rule 13, the same was required to be strictly followed and adhered to for the purposes as specified under the said Rule. (Para 38)
       (ii) Constitution of India—Article 32—Public Interest Litigation against illegal gifts of common land by Panchayat of village Bhondsi, approved by Haryana State Govt. respondent No. 7—Court finding gifts void-ab-initio being in contravention of statutory requirements—Writ petition allowed with several directions making the Rule absolute.
       Held : Under the circumstances this writ petition is allowed by making the Rule absolute with the issuance of following directions:
        (i) Consequent upon quashing of Gram Panchayat Resolutions dated 22.10.1983 and 18-10-1997, the Government Orders dated 3.3.84 and 6.6.90 and the gift deeds executed by Gram Panchayat in favour of the respondent-Trust, the possession of the land, the subject matter of this litigation shall be handed over by the respondent No.7, its Chairman, Directors, employees, representatives and agents, initially to the State Government who shall thereafter deliver it to the Gram Panchayat with specific directions for utilisation of the land in the manner prescribed.
       (ii) The respondent-State shall constitute a committee within 15 days comprising of the Chief Secretary, The Deputy Commissioner, Gurgaon, the concerned Block Development and Panchayat Officer, the representative of the Ministry of Environment, Government of India, a representative of the Ministry of Home Affairs (Central Government) and the President of the District Bar Association, Gurgaon and the Sarpanch of Panchayat, Bhondsi, to take possession of the land within two months from the date of its constitution and submit its compliance report in this Court by 30th July, 2002.
       (iii) The Committee appointed in terms of direction No. (ii) shall formulate a scheme for the utilisation of the aforesaid land when its possession is taken from the respondent No. 7. Such scheme shall initially be implemented by the State Government and when its possession is delivered to the Gram Panchayat the aforesaid scheme shall be placed before the Gram panchayat for its approval. The Gram Panchayat at that time may take appropriate actions for giving effect to the scheme in the manner proposed by the committee or with such modifications as may be deemed proper in the interests of the Panchayat and for the purposes enumerated under the Act and the Rules.
       (iv) The respondent-State shall appoint another committee comprising of its Finance Secretary, Chief Engineer of the PWD, a representative of the Accountant General and the Sarpanch of the Gram Panchayat to assess the costs of construction of the buildings constructed on the land. The cost shall be assessed on the basis of the account books of the respondent-trust within a period of two months from the date of the constitution of that Committee.
       (v) That the State Government shall make the payment to the respondent No.7 of the amount assessed as the value of the constructions raised within a further period of two months. After compliance of the formalities regarding taking possession and making the payment, the symbolic possession of the land shall be transferred to the Gram Panchayat for the purposes of its income and the land along with structures raised thereon shall be utilised for the purposes and in the manner specified in the policy to be formulated by the Committee appointed in terms of Direction No. (ii) hereinabove.
       (vi) The amount of the cost of construction, paid by the State Government to the respondent No. 7, shall be recovered from the Gram Panchayat in the manner and during the time as may be prescribed by the State Government in consultation with the committee appointed in terms of direction No. (iv).
       (vii) That the area of 500 acres of land, taken possession of by the State Government in terms of this Court s order dated 24.7.2001 shall be delivered to the Gram Panchayat and utilised in such a manner which does not contravene the provisions of the Forest Conversation Act.
       (viii) No part of the land, the subject matter of the controversy shall be utilised or transferred to any person or authority other than specified in Sections 5A and 5B of the Act, without prior sanction of the Central Government.
       (ix) Under the circumstances of the case we do not issue any direction for the registration of any criminal case against the respondent No. 7 or its office bearers.
       (x) The respondent No. 7 is held liable to pay costs of Rs. 25,000/-. Such costs shall, initially, be paid by the State Government and later recovered from the amount found payable as compensation to the respondent No. 7. Out of the costs recovered, a sum of Rs. 20,000/- shall be paid to Mr. U.U. Lalit, the learned amicus curaie who has very ably assisted the Court in the disposal of this petition. The balance Rs.5,000/- shall be payable to the petitioner. (Para 47)

JUDGMENT

Sethi. J.—The respondent No.7, who is admittedly a leader of national stature, a reputed Member of Parliament for years and a former Prime Minister of the country is accused of usurping about 600 acres of land in Village Bhondsi of the State of Haryana by manipulations and resort to exercise of his political influence. Moved by an article "Lord of the Land" published in India Today of 18th January, 1999, the petitioner approached this Court by filing a writ petition in public interest, praying this Court to take cognizance of the matter and issue appropriate directions against the aforesaid respondent commanding him to vacate the land allegedly grabbed by him by handing over its possession to the Gram Panchayat of Bhondsi. It has been further prayed that as the respondent has committed cognizable offences, a direction be issued for commencement of the proceedings against the Trust of which he is the Chairman. It is submitted that the conferment of largesse upon the aforesaid respondent is against the provisions of the Punjab Village Common Lands (Regulations) Act, 1961, the Rules made thereunder, Indian Forest Act and the Forest Conservation Act, 1980.

2. In the article "Lord of the Land" published in India Today, it was stated that after the respondent No. 7 completed his so-called Bharat Yatra in 1983, he formed the Trust known as "Bharat Yatra Kendra" (hereinafter referred to as "BYK") of which he himself is the Chairman and manipulated the passing of Resolutions by the Gram Panchayat of Bhondsi resolving to gift him State forest land measuring about 600 acres. The land was donated for purposes not contemplated under the statute. It was further alleged that the respondent No. 7 had encroached upon 10 acres of land belonging to the Border Security Force. Instead of constructing the Hospital and the Polytechnic for women, for which the land was apparently donated, the respondent No. 7 built a sprawling farm-house where he used to retire for weekends even when he was the Prime Minister. When 10 acres of land bordering one end of the Firing Range of the BSF was occupied by the respondent No.7, complaints are alleged to have been despatched vide letter dated 9.4.1990 and matter brought to the notice of the Gurgaon District Commissioner on 20.11.1990. No action was taken. 500 acres of land which was apparently given to BYK for greening of Aravallis was fenced by the respondent No. 7 as if it was a private property. The conditions incorporated in the Resolution of the Gram Panchayat, the order of approval by the Government and the terms of the Gift Deeds were alleged to have been violated. The article concluded with the observations, "It seems that Bhondsi will never get back its 600 acres. The Haryana Government doesn t seem perturbed. The Union Government too hasn t responded despite repeated letters from the BSF. Perhaps that s why Chandra Shekhar too is not bothered. He wasn t then and he isn t now".

3. Based upon information, as disclosed in the article published in India Today, the petitioner moved this Court alleging that Bhondsi Gram Panchayat, by a Resolution, gifted 33 acres of Gram Panchayat land to respondent No. 7 for construction of a Hospital which was endorsed by the Haryana Government on 22nd March, 1984. At that time Shri Chander Shekhar was a Member of Parliament. Another 19 acres of land was donated by the said Gram Panchayat to the respondent No. 7 in the year 1990 by its Resolution No. 55 which was endorsed by Haryana Government on 28th June, 1990. After Shri Chander Shekhar became the Prime Minister of India on 10th November, 1990, the Gram Panchayat passed another Resolution within 24 hours of his becoming the Prime Minister gifting another 16 acres of Gram Panchayat land to respondent No. 7. The stated purpose of for which the land stood donated was for building Hospital and a Polytechnic for women. Instead of Hospital and Polytechnic, the respondent No.7 is alleged to have constructed a sprawlin

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Judicial Analysis

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2002 Supreme(SC) 525

Cases Referred (1)

Judicial Analysis