The Gram Panchayat is entitled to change the user of land under Rule 3 of the Rules, 1964 and permitted the user of land by PWD (B&R) department for 'plantation purposes'.

JUDGMENT

Harsh Bunger, J. - The petitioners, who are residents of Village Terakpur, Gram Panchayat Dhandhuka, Tehsil and District Nuh, have filed this writ petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of order dated 30.08.2017 (Annexure P-3), whereby, the Government of Haryana through Principal Secretary to Government, Haryana Development and Panchayats Department has accorded approval to the sale of Gram Panchayat's land measuring 180 kanal bearing Khasra Nos.18//4 (8-0), 5(8-0), 6(8-0), 7(8-0), 13(8-0), 14(8-0), 15(8-0), 16(8-0), 17(8-0), 18(8-0), 19(8-0), 22(8-0), 23(8-0), 24(8-0), 25(8-0), 21//1/1 (3-16), 2/2 (7-7), 3(8-0), 4(8-0), 5(8-0), 6 (6-8), 7/2 (5-2), 8(4-8), 9/1 (1-15), 22//5 (7-4) as resolved by the Gram Panchayat Dhandhuka, Block and District Nuh vide its resolution No.1 dated 24.06.2017. It requires mention that there is a common Gram Panchayat for two villages namely, Terakpur and Dhandhuka. The petitioners have also sought setting aside of resolution No.1 dated 24.06.2017 (Annexure P-2), on the ground that the Gram Panchayat has no right/authority to change the nature of Charand land to any other use. A further direction has also been sought for directing the respondents, not to change the nature of the land, in dispute.

2. It is the submission of the petitioners that resolution No.1 dated 24.06.2017 (Annexure P-2) has been wrongly passed by the Gram Panchayat, whereby it has been resolved to sell the land on collector/market rate to the PWD (B&R) department for plantation, as the Gram Panchayat is not competent to divert the usage of the land; which according to the petitioners is ' Charand' land. It is also the submission of the petitioners that the Gram Panchayat is precluded from dealing with Shamlat land or land vested in the Gram Panchayat, without preparing a land utilization plan as provided under Rule 3 read with Rule 8 of the Punjab Village Common Lands (Regulation) Rules, 1964 (here-in-after referred to as 'the Rules, 1964').

3. Upon issuance of notice, the respondents have appeared and filed their respective written statements.

4. Deputy Commissioner, Nuh has filed written statement on behalf of respondents No.1 and 2, wherein, stand taken is that Gram Panchayat has every right to use, manage and dispose of its land/property in accordance with the Punjab Village Common Lands (Regulation) Act, 1961 (here-in-after referred to as 'the Act, 1961) and the Rules, 1964 framed thereunder besides provisions of the Haryana Panchayati Raj Act, 1994 and Haryana Panchayati Raj Rules, 1995. It has been further stated that in Village Terakpur, the Gram Panchayat is owner in possession of land measuring 501 kanal-15 marlas and resolution No.1 dated 24.06.2017 has been passed by the said Gram Panchayat to sell its land to PWD (B&R) department for plantation. The said resolution was forwarded to the State Government through Deputy Commissioner, for its approval. Government of Haryana, after considering resolution No.1 passed by the Gram Panchayat as well as recommendation of Deputy Commissioner, gave its approval vide order dated 03.08.2017 (Annexure P-3) to the Gram Panchayat for sale of land measuring 180 kanal of Village Terakpur to PWD (B&R) Department, for plantation. The Collector rate of the said land was fixed at Rs.28 lacs per acre under Rule 12(1) of the Rules, 1964. It is further stated that after taking due approval from the State Government, Gram Panchayat Dhandhuka has executed two sale deeds vide Vasika no.3023 dated 18.10.2017 and Vasika no.3593 dated 04.12.2017 for total land measuring 180 kanals of Village Terakpur. It has also been stated that the Gram Panchayat has already reserved about 40 kanals of land for charand vide its resolution dated 22.05.2017 and considering the population of the village along with number of animals including goats etc. in the village, the Gram Panchayat has sufficient land for pasturing t