Gram Panchayat Thandran vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3503

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SURESHWAR THAKUR, KULDEEP TIWARI, JJ.
Gram Panchayat Thandran – Petitioner
Versus
State of Haryana & Ors. – Respondents
CWP NO. 19864 of 2020(O&M)
Decided On : 18-01-2023

Advocates Appeared:
Mr. Sumit Gujjar, Advocate for Mr. S.S.Dinarpur, Advocate; For the Petitioner
Mr. P.P.Chahar, DAG, Haryana.
Mr. Rajbir Singh Arya, Advocate for Respondents No.6 to 8.

Headnote:(A) Haryana Gram Panchayati Raj Act, 1994 - Section 24(1) - Haryana Village Common Lands (Regulation) Act, 1961 - Jurisdiction of Gram Panchayat to issue notice for eviction due to encroachment necessitates valid service of notice and prior demarcation of land - Deficiency in serving notice led to vitiation of eviction proceedings as principles of natural justice were breached - The authority's failure to establish valid encroachment renders notice arbitrary and ineffective. (Paras 3, 9, 14, 15)

Facts of the case:
The Gram Panchayat Thandran issued a notice to several respondents for alleged encroachments on Panchayat land. The notice was contested due to claimed lack of valid service on all respondents. One respondent, however, admitted receipt, complicating the proceedings.

Findings of Court:
The notice issued by the Gram Panchayat was deemed ineffective due to the lack of valid service on all respondents, constituting a breach of natural justice and arbitrarily flawed proceedings.

Issues: Main issues included the validity of service of notice, adherence to natural justice, and the appropriate proceedings available to the Gram Panchayat for encroachment issues.

Ratio Decidendi: The court held that the validity of notices issued under Section 24(1) necessitates valid service and cannot be pursued without prior demarcation of the encroached land, emphasizing strict adherence to principles of natural justice.

Result: Notices are rendered ineffective; the Gram Panchayat was directed to pursue the proper statutory proceedings for eviction.

Table of Content
1. issuance of notice under haryana gram panchayati raj act. (Para 1 , 2)
2. breach of natural justice due to lack of notice service. (Para 3 , 4 , 5 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. requirements for valid actions by gram panchayat. (Para 14 , 15)
4. final order regarding proceedings. (Para 16)

JUDGMENT

Sureshwar Thakur, J. (Oral)

This order will dispose of CWP-19864-2020 and CWP- 4656-2022, as they being cover common question of law.

2. The Sarpanch of Gram Panchayat, Thandran, village Thandran, Tehsil Pehowa, District Kurukshetra, issued, upon the private respondents herein a notice drawn under Section 24 (1) of the Haryana Gram Panchayati Raj Act , 1994 (in short 'the Act"). The contents of the said notice are extracted hereinbelow:-

"Gram Panchayat has found that you Sh. Gurmukh Singh, 2. Jasbir Singh, 3. Jaswinder @ Dipla sons of Sh. Naib Singh have put up agriculture implements etc. on the vacant land of the gram panchayat with malafide intention to encroach upon the said land and by putting up barbed wire, you have made illegal possession on the gram panchayat land. You are hereby issued a notice under Section 24(1) of Haryana Panchayati Raj Act and you are ordered to vacate the said gram panchayat land within a period of 07 days from 27.06.2019 to 05.07.2019. If you have any objection against this order of the gram panchayat you may appear before the Gram Panchayat on 02.07.219 at 10.00 AM at Harijan Dharamshala Thandran and may explain your position and produced if there is any evidence or proof in your favour. If you fail to appear on the scheduled date, in that event, Gram Panchayat would take further legal action against you."

Effect Of Non-Service Of Notice(Supra) Upon The Respondents Concerned:

3. Though the learned State counsel submits, that the above extracted notice, became validly served upon the respondents concerned, but he is not able to place on record any evidence, suggestive that any valid service of Annexure P-3, became caused, upon all the respondents concerned. Therefore, for want of valid service of Annexure P-3 being caused, upon the respondents concerned, thus any thereafter undertaken affirmative proceedings, at the instance of the authorities concerned, when hence ultimately resulted in a eviction order, being made qua the purported Panchayat land concerned, rather upon the respondents concerned, are all deemed to be vitiated, as they obviously became drawn in breach of the principles of natural justice, given the respondents concerned, becoming visibly condemned unheard.

4. However, at this stage, since Gurmukh Singh, one of the respondents concerned, in CWP-19864-2020 rather has admitted qua his receiving the notice concerned, therefore, in so far as, the said Gurmukh Singh, is concerned, it cannot prima facie, at this stage, be said that any affirmative action, as became drawn against him, in pursuance to Annexure P-3, hence becoming vitiated, given his purportedly becoming condemned unheard. The disputed khasra numbers are contended to fall within the ambit of inclusionary clause carried in Section 2(g)(i)(a) of 4 (a) of the Haryana Village Common Lands (Regulation) Act, 1961 (in short "the Act").

5. In pursuance to the issuance of Annexure P-3, the authorities concerned, as revealed by the reply, on affidavit, furnished to the petition on behalf of co-respondent No.5, had strived to unsuccessfully enforce the said notice, through theirs drawing Annexure P-9. The learned State counsel submits, that since some constructions were raised on lands comprised, on the disputed khasra number(s), to which khasra no.13, and, khasra no.106 becomes assigned. Therefore, he submits that since uncontestedly, the description, as made in the revenue records qua the above khasra numbers, is, of theirs being abadi deh land. Moreover, he submits that the constructions, if any, as becomes raised on the land described, in the revenue records as abadi deh land, when rather occur on the open/vacant par