The authority of the Deputy Commissioner to approve land transfer under Rule 13(f) of the Punjab Village Common Lands (Regulation) Rules, 1964.

JUDGMENT :

VIVEK PURI, J.

1. The petitioner has assailed the order dated 19.07.2018 passed by respondent no. 3 vide which he had ordered the transfer of land measuring 100 kanals belonging to the petitioner - Gram Panchayat in favour of respondent no.2.

2. Precisely, the averments as put-forth by the petitioner are to the effect that the previous Gram Panchayat had passed a resolution dated 16.04.2017 whereby Gram Panchayat resolved to transfer 100 kanals of land belonging to it by way of gift to Department of Agriculture. Some other land owned by Agriculture Department was required for constructing a Satellite Centre of PGIMER, Chandigarh. Accordingly, the Agriculture Department had demanded land for research work. The Gram Panchayat considered the request of the Block Development and Panchayat Officer, Ghall Khurd and passed the aforesaid resolution. It has been alleged that the Gram Panchayat, Village Malwal Qadim, Tehsil and District Ferozepur had also passed a similar resolution dated 27.04.2017 thereby taking a decision to denote 100 kanals and 2 marlas of land belonging to the Gram Panchayat in favour of Department of Hoticulture by way of gift. The legality and validity of the impugned order dated 19.07.2018 passed by respondent no.3 has been disputed on the score that respondent no.3 has no jurisdiction to transfer the land belonging to the Gram Panchayat in favour of the Government Department. Respondent no.3 in his reply has controverted the averments put-forth by the petitioner. It has been averred that the Gram Panchayat, Bazidpur had passed a resolution dated 16.04.2017 and in terms of the resolution, the land of Department of Agriculture has been taken for the establishment of Satellite Centre, PGIMER, Chandigarh in 25 acres of land. The petitioner had donated the land in question to the Department of Agriculture for research work. Respondent no.3 - Deputy Commissioner, is the competent authority to pass the impugned order and after passing of the impugned order, the necessary changes have been incorporated in the revenue record. Furthermore, physical possession has also been given by the petitioner - Gram Panchayat in the presence of the concerned officials which has been duly taken by Horticulture Department on 06.07.2020.

3. We have heard learned counsel for the parties and perused the record.

4. It has been argued by the learned counsel for the petitioner that the Deputy Commissioner - respondent no.3 was not the competent authority to pass any order with regard to the transfer of the land belonging to the petitioner. Furthermore, no gift deed attested by two witnesses has been executed and it shall not be in the general interest of the Gram Panchayat and the residents of the village to part with the panchayat land.

5. On the contrary, it has been argued by the learned State counsel that the Deputy Commissioner is duly authorized to accord approval for gift of the land as per the amendment carried out in the Punjab Village Common Lands (Regulation) Rules, 1964 (for short “Rules 1964”) in terms of the notification no. DP-L.D.2/2010/34 dated 14.06.2010 (Annexure R-3/2). Furthermore, the transfer has been carried out in pursuance of the Rules and the same is for the benefit of the residents of the border area in general and the residents of the Village Bazidpur in particular. The projects for construction of Satellite Centre, PGIMER, Chandigarh and the Horticulture Research Centre will be beneficial to the farmers and lead to multidimensional and multifaceted development of the area.

6. A proposal for construction of hospital of 100 beds in District Ferozepur under Satellite Centre, PGIMER, Chandigarh has been initiated. The land measuring 25 acres belonging to Agriculture Department has been chosen for the construction of the same. The Department of Agriculture had raised a demand of 25 acres of land against the said land for carrying out the research work. Consequently, the petitioner - Gram Panchayat and Gram Panch