IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No. 11916 of 2010 (O&M)

Date of Decision: May 9, 2012

Hinduwan Shamshan Bhumi, Tosham

…Petitioner

Versus

State of Haryana and others

…Respondents

CORAM:

HON’BLE THE ACTING CHIEF JUSTICE

HON’BLE MR. JUSTICE ALOK SINGH

Present:

Mr. Amandeep Sibia, Advocate,

for the petitioner.

Mr. Narender Singh, DAG, Haryana,

for respondents No. 1 to 4.

Mr. Anil Ghangas, Advocate,

for respondent No. 5.

1.

To be referred to the Reporters or not? YES

2.

Whether the Judgment should be reported in the

Digest

M.M. KUMAR, Acg. CJ.

1.

The short issue raised in this petition filed under Article

226 of the Constitution is whether a resolution passed by the Gram

Panchayat for exchange of land could be implemented without the

approval of the State Government. The petitioner has filed the

instant petition with a prayer to direct the respondents to construct

a boundary wall on the land bearing Khasra No. 475, measuring 5

Kanals 15 marlas, situated in the revenue estate of Tosham, Tehsil

Tosham, District Bhiwani, which has been described as ‘Gair

Mumkin Shamshan Bhumi’ as per the jamabandi for the year 2001-

02 (P-6). In the column of ow