Construction on land designated as pond is prohibited by law, and unchallenged resolutions by local authorities supersede prior approvals.

JUDGMENT

Vinod S. Bhardwaj, J. (Oral)

The petitioners seek quashing of the impugned order dated 27.10.2017 (Annexure P-12) passed by respondent No. 4 i.e. District Development and Panchayat Officer, Hisar whereby the claim of the petitioners for raising construction of the Government Girls Primary School in village Faridpur had been declined. A further direction is also sought for release of the Matching Grant to the tune of Rs. 27,00,000/- for the construction of the building work of Ajit Singh Memorial, Govt. Girls Primary School, Village Faridpur.

2. The petitioners before this Court claim to have submitted a proposal with the Gram Panchayat, Village Faridpur for establishing a Government Girls Primary School in the memory of their brother Ajit Singh alongwith willingness to bear the expenses to be incurred on the construction of the School, subject to the grant of land by the Gram Panchayat for setting up of the said School. The above said proposal was accepted by the Gram Panchayat being for the welfare of the inhabitants of the village and a resolution in this regard was also passed on 15.09.2010. The said resolution was duly recommended and forwarded by the Education Officer on 24.09.2010 and was eventually accepted by the State Government. The Matching grant was also sanctioned under the Scheme by the Government vide its letter dated 12.11.2010.

3. The respondent No.2 i.e. the Director, Panchayat, Haryana called upon the petitioners to deposit their share under the 'Matching Grant Scheme' for construction of the School vide communication dated 17.03.2011. Since the total cost of the School was assessed at Rs. 27 lakhs, the petitioners were required to deposit a sum of Rs. 9 lakhs and the balance amount of Rs. 18 lakhs was to be contributed by the State Government. The share of Rs. 9 lakhs was deposited by the petitioners vide Treasury Challan No. 84 dated 18.04.2011, whereupon a letter was issued by the District Development Panchayat Officer on 23.04.2011 to the Deputy Commissioner, Hisar for releasing the first installment for construction of the School. However, the installment could not be released at that point in time. It is contended that during the pendency of the said release, some villagers submitted a complaint to the District Development and Panchayat Officer and started creating hinderance in the construction work of the school. The project was thus stopped to avoid any controversy and to pursue against the miscreants as per law.

4. The petitioner hence instituted a Civil Suit No.51-C on 18.11.2010 for grant of permanent injunction to restrain the defendants therein from creating hindrance in the construction work of the School.

5. A question however also arose with regard to the nature of land in question for which a report was sought from the Block Development and Panchayat Officer to resolve the controversy and to resolve the conflict and enable construction of the building of the school. It was reported by the Block Development and Panchayat Officer that the site in question, where the construction work of the school building was to commence, was in an un-authorized possession of the villagers. A copy of the said report dated 19.04.2012 has also been appended. The District Development and Panchayat Officer, thereafter, suspended the resolution passed by the Gram Panchayat for construction of the School building against which the respondent No.6-Gram Panchayat preferred an appeal before the Director, Panchayat, Haryana. The said appeal was disposed of vide order dated 11.03.2013 by directing the Deputy Commissioner, Hisar to prepare a utilization plan according to Haryana Panchayati Raj Act, 1994, of the Shamlat Deh of the village and considering the Government instructions issued from time to time. The said civil suit for permanent injunction instituted by the petitioner was allowed by the Court of Civil Judge (Junior Division), Hisar vide judgment and decree dated 31.08.2013. The defendants therein were