JUDGMENT

Mr. Kuldeep Tiwari, J.

The present case is the best example of how nepotism and prevalence of corruption, at the grass root level of administrative hierarchy, can deprive the poor of this country from their basic entitlements and defeat the very object of any benevolent scheme floated by the State. This is the fourth round of litigation before this Court either by the petitioners or by the respondents, only to determine the eligibility of the petitioners under the scheme floated by the Government of Punjab for allotment of 5-5 marla plots to the members of the Scheduled Caste category and other poor landless labourers. Since this case has a long chequered history, therefore, in order to give quietus to the dispute once and for all, it is now imperative for us to deal with the facts in detail.

Factual Aspects

2. Rule 13-A of the Punjab Village Common Lands (Regulation) Rules, 1964 (in short, the Rules of 1964) framed under the Punjab Village Common Lands (Regulation) Act, 1961, authorises the Gram Panchayats within the State, with the previous approval of the State Government, to allot plots from Shamlat Deh land, free of costs, to landless workers, residing in the Sabha area, for construction of their respective houses thereon for residential purposes. In pursuance of the Rules of 1964, the State of Punjab had framed a benevolent scheme dated 17.4.2001 (Annexure P/1) for allotment of free 5 marla plots to eligible persons, i.e. members of the Scheduled Caste families and other poor families, for construction of houses thereon. The scheme (supra) makes it mandatory for the Gram Panchayats to convene a meeting of the Gram Sabha concerned, for identification of the eligible persons for allotment of free plots, and, thereafter, pass a resolution in favour of such eligible persons, whose claims shall be further verified at various levels, by various authorities prescribed for this purpose, under the scheme (supra). The following eligible criteria was prescribed under the scheme (supra):-

"1. Which person will be entitled under this scheme:-

1. The beneficiary under this scheme should be the resident of the concerned Gram Sabha Area.

2. The beneficiary to whom the plot is to be given under this scheme, he should not have his own house or land for construction of his house.

3. The beneficiary under this scheme should be a married person.

4. The beneficiary should be of houseless, Scheduled Caste, Rai Sikh or Christian Community."

3. The Gram Panchayat, respondent No. 8, with an objective to extend the benefit of the scheme (supra), had called a general meeting (Aam Ijlas) of the Gram Sabha of Village Dadheri on 27.6.2006, wherein, Resolution No.3 came to be passed for allotment of 5 marla plot(s) to the landless/homeless person(s) of the village, who fulfilled the requisite eligibility criteria, as laid down in the scheme (supra). Originally, the Gram Panchayat concerned had passed a Resolution in favour of total 66 beneficiaries, allegedly belonging to poor strata of the village. The Resolution so passed was forwarded to the respondent No.6, Block Development and Panchayat Officer, Amloh, who subsequently forwarded it to the District Administration, from where it was forwarded to the Sub Divisional Magistrate, Amloh, for verification, through inquiry, with regard to eligibility of all the 66 beneficiaries. Upon such an inquiry being conducted by the authority (supra), a positive recommendation was made only qua 41 beneficiaries who were found eligible as per the instructions and guidelines of the government, whereas, 25 beneficiaries were found ineligible for the purpose of allotment of plot(s). Taking into account t