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2017 Supreme(P&H) 2504

IN THE HIGH COURT OF PUNJAB AND HARYANA
Rajesh Bindal, Harinder Singh Sidhu, JJ.
Manoj Kumar – Appellant
Vs.
State of Haryana – Respondent
CWP No. 7347 of 2017 (O&M)
Decided On : 20-04-2017

Advocates Appeared:
For the Appellant :Ramesh Sharma, Advocate

The court emphasized the public purpose of the gifted land for agriculture and considered the belated nature of the petition in dismissing the writ petition.

Headnote:

Gifted Land - Village Damla, Tehsil Jagadhri, District Yamuna Nagar - The court dismissed the writ petition challenging the gift of land to the University, emphasizing the public purpose of agriculture and the belated nature of the petition.

Fact of the Case:

The petitioners challenged the resolution of the Gram Panchayat and the transfer of land to the University, claiming that the land was being misutilized and the gift was not competent. They filed the writ petition after more than two decades since the execution of the gift-deed.

Finding of the Court:

The court found no reason to interfere in the writ petition, considering it highly belated and noting that the land was gifted for a public purpose. The mutation of the land in favor of the University was also upheld by the authorities.

Issues: Challenge to resolution of Gram Panchayat, transfer of land, and execution of gift-deed. Belated filing of the writ petition and awareness of the gift of land by the petitioners.

Ratio Decidendi: The belated nature of the petition, the public purpose of the gifted land for agriculture, and the upheld mutation of the land favored the dismissal of the writ petition.

Final Decision: The writ petition was dismissed, and the University was reminded of its duty to use the gifted land for the intended purpose of helping the agricultural community.

JUDGMENT :

Rajesh Bindal, J.

The petitioners, who claimed themselves to be the residents of village Damla, Tehsil Jagadhri, District Yamuna Nagar, have filed the present writ petition challenging the resolution dated 1.1.1993 (Annexure P-2), passed by Gram Panchayat, Damla, order dated 20.4.1993 (Annexure P-3) passed by the State transferring 59 acres 5 kanals 10 marlas of land out of khasra no. 201, to the Chaudhary Charan Singh Haryana Agricultural University, Hisar, for construction of Krishi Vigyan Kendra at Yamuna Nagar, and consequently the gift-deed dated 7.3.1995 (Annexure P-5), executed by Gram Panchayat, Damla, in favour of the University. The gift-deed was signed on behalf of Gram Panchayat, Damla by the then Sarpanch.

2. Challenge has been made on the ground that the resolution of the Gram Panchayat was not competent and consequently the transfer of the land. The land could not be gifted. In fact, the land was gifted for setting up of Krishi Vigyan Kendra, however, nothing has been done. But the same is being misutilized by selling the top soil. When the petitioners came to know about this fact, they applied for information under the Right to Information Act. The information was supplied in the year 2013. Thereafter, the petitioners approached the authorities and filed the present writ petition.

3. After hearing learned counsel for the petitioners, we do not find any reason to interfere in the present writ petition, the same being highly belated. The gift-deed was admittedly executed more than two decades prior to the filing of the present writ petition. Admittedly, the present petitioners, who claim themselves to be residents of village Damla, are still residing there. Hence, to claim that they were not aware of the gift of land to the University is hard to believe, especially when the land is claimed to be part of abadi deh. The land has been gifted for a public purpose i.e. agriculture, which is of immense importance in this area which is known as 'food bowl'. Even mutation of the land entered in favour of the University was challenged by some of the residents of the village and the same has been upheld by the Assistant Collector 1st Grade-cum-District Development & Panchayat Officer, Yamuna Nagar, vide order dated 6.5.2008.

4. For the reasons mentioned above, we do not find that any ground is made out to interfere in the present writ petition. The same is accordingly dismissed.

5. Before parting with the order, we feel it appropriate to observe that the University is duty bound to use the land for the purpose it was gifted so that it can help the agricultural community in the area.

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