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SURESHWAR THAKUR, SUDEEPTI SHARMA
Kartar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Sureshwar Thakur, J.
Through the instant petition, the petitioners seeks quashing of order (Annexure P-6), as made by the Financial Commissioner and Secretary to Govt. of Punjab, Rural Development and Panchayat Department, wherebys, the latter proceeded to accord approval to the resolution dated 21.01.1994 passed by the Gram Panchayat, Bhaini Sidhwan, Tehsil Taran Taran, Block Khadoor Sahib, District Amritsar for exchange of its land, thus with the land of the private respondents, hence for the purpose of path in public interest.
Factual Background
2. After the lawful culmination of the consolidation proceedings in the mohal concerned, in the year 1954, an area measuring 3 kanal 11 marlas was earmarked as common path (rasta-e- aam) for use by the inhabitants of the village. The said land was owned by the Gram Panchayat, as, it became assigned the revenue designation of shamlat deh (Gair Mumkin Rasta).
3. That one Darshan Singh, respondent No. 7 herein, filed a suit for permanent injunction, to the effect, that the defendant-petitioner no. 8 herein, be restrained from interfering in the peaceful possession of the plaintiff over the suit land. In the said suit, Darshan Singh pl
The court held that a Gram Panchayat cannot authorize land exchanges affecting common paths while legal disputes regarding such paths are pending, affirming that such actions are not in public intere....
The main legal point established in the judgment is that the exchange of land must be for the benefit of the village inhabitants and in accordance with statutory provisions of law.
The Director (Consolidation) lacks the authority to approve land exchanges involving Gram Panchayat property; such matters must be resolved by the Panchayat for the benefit of all villagers.
The Collector lacks jurisdiction to alter land mutations based on overruled amendments; disputes over land rights must be resolved through civil suits.
The court affirmed the authority of the Gram Panchayat to auction disputed land, ruling that the petitioner's claims of ownership were undermined by his own leasing actions and lack of evidence.
The main legal point established in the judgment is the requirement for the Appellate Authority to consider all relevant documents and arguments before making a decision.
Public Interest Litigation dismissed due to lack of evidence; proper procedures for land exchange were followed, and no community objections were substantiated.
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