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2016 Supreme(P&H) 29

SURYA KANT, P.B.BAJANTHRI
Ishwar Singh – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
Mr. Sudhir Mittal, Advocate
Ms. Kirti Singh, Deputy AG, Haryana Mr. Silak Ram Hooda, Advocate, for respondent No.3.
Mr. Navneet Singh, Advocate, for respondent No. 5.

Judgment :

SURYA KANT, J.

The petitioners are residents of village Janti Khurd, District Sonepat. They assail the order dated 02.09.1994 [P-5] whereby the State Government accorded its approval to the resolution passed by the Gram Panchayat of their village for the exchange of its land with that of respondent No. 3.

2. Before adverting to the facts, it may be noticed at the outset that this Court on 28.09.1994 stayed operation of the above stated Government order and further directed that the “possession not to be transferred”.

3. On 22.05.1995, counsel for the parties were heard and stay was directed to continue which is operative till date.

4. Coming back to the facts of the case, there appears to be no quarrel that the Gram Panchayat's land comprising Khasra Nos. 23/25 and 24/21/1, measuring 8 kanals 10 marlas is a corner site abutting the Outer Ring Road of Delhi, and the approach road coming towards that Outer Ring Road from village Janti Khurd. As against it, the land of respondent No. 3 comprising Khasra No. 76/5/1 was measuring 5 kanals 6 marlas. The said land is far away from Delhi Outer Ring Road but is near to the abadi deh of the village.

5. The then Gram Panchayat headed









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