JUDGMENT :

Sureshwar Thakur, J.

Through the instant writ petition, the petitioner herein prays for the hereinafter extracted reliefs.

"Civil Writ Petition under Article 226/227 of the Constitution of India for the issuance of an appropriate writ in the nature of Certiorari/Mandamus or such other appropriate writ, order or direction declaring the action of the respondent authorities in proceeding to sell the prime shamlat land of the Respondent Gram Panchayat measuring 46 kanals 7 marlas (43-18 marlas gair mumkin Drain, 0-9 marlas Gair Mumkin Rasta and 2-0 as Abhi), to a private colonizer/developer, as illegal, arbitrary, malafide, motivated and in contravention of Rule 12-A of the Punjab Vdlage Common Lands (Regulation) Rules, 1964 ; and for quashing order Annexure P-6 (dated 16.02.2017).

Further for issuance of an appropriate writ in the nature of prohibition restraining the respondent authorities and the Respondent Gram Panchayat from selling the aforesaid land to respondent No. 4 - private company/colonizer and further restraining the respondent No. 4 from carrying out any work in the disputed area during the pendency of the writ petition.

Factual Backdrop of the case.

2. The Gram Panchayat Village Papri, Block Kharar, District SAS Nagar (Mohali) owned 46 kanals 7 marlas of land comprised in Khewat No. 57, Khatoni No. 61, Khasra No. 24 (43-18), Khatoni No.66, Khasra No. 48(0-9) and Khatoni No. 67, Khasra No. 14//21 (2-0) situated in Village Papri, Tehsil and District SAS Nagar (Mohali).

3. Out of this 46 kanals 7 marlas land, 43 kanals 18 marlas of land is gair mumkin drain (Nalla) and 0-9 marlas land is Gair mumkin rasta (passage) and 2 kanals 0 marlas is Abhi.

4. Rule 12-A of the Punjab Village Common Land (Regulation) Rules, 1964 (hereinafter for short called as the 1964 Rules) was amended on 02.05.2014 permitting sale of Shamlat Land, to any Government Department, Board, Corporation or local authority. The said Rule becomes extracted hereinafter.

"12-A Transfer of land by sale

(1) Notwithstanding anything contained in these rules, any Panchayat, with the previous approval of the State Government, may transfer the shamlat land vested in it by way of sale to any Government Department, Board, Corporation or local authority for their own projects or schemes or for the projects sponsored or aided by the State Government, having not less than fifty percent share in such projects, on such rates as may be determined by the Committee constituted in clause (2) of Sub-Rule (3-A) of Rule 6.

Provided that :-

(i) the State Government and the Gram Panchayat concerned, on the recommendations of the sponsoring department, are satisfied that such transfer of Shamlat land or the terms and conditions of such transfer of the said land, is in public interest and is also in the interest of the Gram Panchayat concerned. "

5. The said Rule became further amended by the State of Punjab on 20.01.2016. The relevant amendment becomes extracted hereinafter.

"2. In the Punjab Village Common Lands (Regulation) Rules, 1964, in rule 12-A, after sub-rule (1) and the proviso relating thereto; the following sub rule shall be added namely;

(2) The abandoned paths (rastas) or watercourses (khals) not under use in shamlat deh failing in all Government licensed projects, may also be transferred by sale in accordance with the laid down procedure. "

6. The Janta Land Promoters Private Limited, Mohali (a private limited company) addressed a communication dated 04.07.2016 to the District Development and Panchayat Officer, Mohali, stating that it was interested in buying the aforesaid land at Collector rate.

7. On receiving the supra communication from the respondent company, Ajaib Singh Sarpanch, Gram Panchayat Papri, called a meeting of the Gram Sabha and thereins passed a resolution dated 12.07.2016 proposing to sell the disputed lands to the respondent company. Thereafter, a five member Committee under the Chairmanship of Deputy Commissioner, Mohali, assessed the rate of the su