The court established the legality of the sale of shamlat land by the Gram Panchayat to the CISF based on the provisions of the Haryana Village Common Lands (Regulation) Act, 1961 and the Punjab Village Common Lands (Regulation) Rules, 1964.

KULDEEP TIWARI. J.

1. Village Indri Nawabgarh and Meharka, Tehsil and District Nuh have single Gram Panchayat i.e. Gram Panchayat, Indri, Hadbast No.197. The petitioners are the residents of village Nawabgarh and approached this Court for seeking quashing of proposal dated 18.2.2020 (Annexure P-3) passed by Gram Panchayat Indri and approval dated 25.1.2021 (Annexure P-4) accorded by the State Government for sale of its shamlat land measuring 55 acres 0 kanal 6 marlas on the request of Union Home Ministry for the purpose of establishing the Central Industrial Security Force Unit (hereinafter referred to as 'the CISF') on the premise that the resolution passed by the Gram Panchayat is illegal because the reason being that their houses will be demolished in case the sale is allowed to be executed, the only road (rasta leading from Nawabgarh to Qutubgarh) which also lead to the District Headquarter would be closed, the students studying in the Government Middle School which is running near the abadi of the village would be in danger, the water chamber which is near the abadi of the village and is the only source of the water consumption of the villagers will also demolished and the village pond (Johar) which is used for water consumption for the live stock of the villagers will be affected.

2. This Court while issuing notice of motion passed the following order on 19.2.2021:-

“Learned counsel for the petitioners while referring to order dated 25.01.2021 (Annexure P-4) submits that Additional Chief Secretary to Govt. of Haryana, Development and Panchayat Department, Chandigarh, has approved resolution No. 1 dated 18.02.2020 passed by the Gram Panchayat, Indri, Block and District Nuh for transferring land as per details given in this order for establishing C.I.S.F. Reserve battalion in village Nawabgarh. As per the map (Annexure P-1) placed on record, learned counsel for the petitioners contends that above the school which is in green color shade, there is a pond (jhohar), water chamber, abadi of B.P.L. Even the school has not been given land around it to keep it away from the building of C.I.S.F. He further argues that before executing sale deed by Gram Panchayat, one of the conditions mentioned in the order dated 25.01.2021 (Annexure P-4) was that the land should not be recorded or reserved for Jhohar or Charand. Since the land above the school premises consists of pond (jhohar), water chamber, abadi of B.P.L., this land could not have been made part of resolution for sale to C.I.S.F. as per Rule 12(5) of the Punjab Village Common Lands (Regulation) Rules, 1964.

Notice of motion.

Mr. Hitesh Pandit, Additional Advocate General, Haryana accepts notice on behalf of official respondents and will file reply justifying how land which is reflected as jhohar, water chamber, abadi of B.P.L. And some land around the school has not been kept vacant while passing resolution for sale of Gram Panchayat land vide order dated 25.01.2021 (Annexure P-4). He will also inform respondent No. 4 in this regard.

List on 26.02.2021.

Notice re: stay as well.”

3. Upon notice, the official respondents filed the reply and put on record the detailed facts which are infact, concealed by the petitioners.

4. A perusal of the reply dated 22.11.2021 filed on behalf of respondent No.1 to 3 and 6 to 8 through BDPO, Indri depicts that the Gram Panchayat Indri infact, owned about more than 450 acres of shamlat land excluding abadi deh. On the request of CISF, the Gram Panchayat Indri passed resolution No.4 dated 16.8.2017, resolution No.7 dated 8.5.2018 and resolution No.2 dated 2.5.2019 for sale of its land measuring 75 acres 3 kanals 13 marlas. The said case for the sale of panchayat land was sent to the State Government through the Deputy Commissioner, Nuh and the State Government accorded its approval to the Gram Panchayat Indri for the sale of its above mentioned land vide order dated 20.8.2019.

5. Thereafter the Union Home Ministry required some more land for CISF Unit DMR