High Court Punjab-Haryana High Court

Gram Panchayat Bhanguri And … vs State Of Punjab And Others on 10 September, 2008

Punjab-Haryana High Court
Gram Panchayat Bhanguri And … vs State Of Punjab And Others on 10 September, 2008
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
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CWP No. 4198 of 2004.

Date of decision: September 10, 2008.

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GRAM PANCHAYAT BHANGURI AND OTHERS

Petitioners.

Versus

State of Punjab and others.

Respondents.


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CORAM:      Hon'ble Mr. Justice T.S.Thakur, CJ and
            Hon'ble Mr. Justice Surya Kant.
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Present:    Shri Hemant Saini, Advocate, for the petitioners.

            Shri Amol Rattan Singh, Addl: AG, with
            Mrs. Sonu Chahal, DAG, Punjab.

            Shri Parveen Kumar Garg, Advocate, for
            respondent No.4.
                  ***

T.S.Thakur, CJ (Oral)

This petition purports to have been filed in Public Interest. It

prays for a writ of certiorari quashing the constitution of what is described

as Forest Protection Committees, on the ground that the said committees

have been constituted in violation of the provisions of the Punjab

Panchayati Raj Act, 1994 and the regulations framed thereunder.

Appearing for the petitioner-Gram Panchayat, Bhanguri, Mr.

Hemant Saini submitted that the constitution of the Forest Protection

Committees and Management Committees were contrary to the

notification dated November 18, 2003 issued by the Government of

Punjab. He drew our attention to the contents of the said notification, para

1.3.2(i) whereof envisages nomination of Sarpanch of the concerned gram

Panchayats as an Ex-officio member of the Management Committees. He

contended that the constitution of the Management Committee relevant to

-2- CWP No. 4198 of 2004.

the petitioner-panchayat was in violation of the provisions of the said

notification, The net result was that the elected Sarpanches of the

Panchayats were never associated with the management of the affairs of

the Forest Protection Committees set up for Forest Protection and

Preservation Programs. He further argued that a large amount of monetary

assistance which was meant to be spent on Forest Protection and

Preservation Programs was disbursed to these committees during the last

Lok Sabha Elections in the year 2004, which amounts were according to

Mr. Saini, spent to promote political agendas.

On behalf of the respondents, Mr. Amol Rattan Singh, on the

other hand submitted that the Forest Protection Committees are

constituted as volunteer groups with a view to assisting the village

community for preservation and protection of Forest. Such committees are

constituted only in Forest Fringe Villages and are meant to lend assistance

to the Forest Protection and Preservation work by the communities living

in such areas. He further argued that the allegations regarding the

Sarpanches of the village Panchayats concerned not being associated with

the Management Committees was without any basis and that there was

nothing on the record to substantiate that any such Management

Committee had either mis-directed or mis-utilized the funds with or without

the assistance of the Sarpanch concerned. He argued that in case the

petitioner had any grievance regarding the Sarpanch of a particular village

not being associated with the Management Committee, a representation

could be made to the competent authority, who would examine the same

and ensure that the structural composition of the Committee remains

strictly in accordance with the notification dated November 18, 2003

issued by the Government of Punjab, on the subject.

We have given our careful consideration to the submissions

made at the Bar. We must at the out-set mention that the submissions

-3- CWP No. 4198 of 2004.

made at the Bar by Mr. Saini are at variance with the prayers made in the

writ petition. As noticed earlier, the prayer in the writ petition is for

quashing of the notification dated November 18, 2003 by which Forest

Protection Committees and Management Committees have been directed

to be established with the laudable object of protecting and preserving the

Forests in the Villages. The petitioner has also prayed for quashing of the

notification and the orders constituting such committees. The argument

advance by Mr. Saini before us on the other hand was that the committees

did not associate the Sarpanches of the Panchayats concerned, as was

required in terms of para 2.3.2(i) of the notification. There is, thus, a

palpable digression from the prayer made in the writ petition. It is one thing

to say that the constitution of the Forest Protection Committees and the

Management Committees in terms of the notification dated November 18,

2003 are illegal and deserve to be quashed, but entirely an different thing

to argue that the said committees are functioning without associating the

Sarpanches of the Panchayats concerned. If notification dated November

18, 2003 is illegal there is no question of the petitioner seeking protection

of any provisions contained therein. Be that as it may, a challenge to the

notification and the constitution of the committees under the same was not

pursued by Mr. Saini. All that we therefore need to mention is that such

committees are not statutory in character and are intended to involve

village community in the protection of Forests. These committees are

constituted and established under a Central sponsored scheme as is

evident from the circular dated December 24, 2002 and a Demi Official

Letter issued by the Ministry of Environment and Forests, Government of

India, New Delhi dated March 03, 2003 requesting the concerned State

Governments to implement the said scheme. There is, in our opinion, no

conflict between the constitution of the committees in terms of the policy

on the one hand and the provisions by the Panchayati Raj Act, on the

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other. We need not dilate on this part of the controversy any further since

Mr. Saini did not argue the matter on this aspect nor was it the case of the

petitioner that the committees were in any way trespassing into the

territory reserved for the Panchayats.

That bring us to the question whether there is any room for us

to issue any direction in Public Interest so far as the non-association of the

Sarpanches of the Village Panchayat is concerned. We asked Mr. Saini

whether he could show us any notification constituting a Management

Committee or a Forest Protection Committee which has excluded the

Sarpanch of the Panchayat concerned. He was however unable to draw

our attention to any such circular or notification. We, therefore, have no

option but to hold that the allegations regarding the exclusion of the

Sarpanches of the Panchayats concerned, were not substantiated before

us. All the same, we see no reason why the petitioner should not be given

liberty to take up the matter at an appropriate level with the government or

with the functionaries of the government to examine whether there is any

violation of the notification dated November 18, 2003 which nominates

Sarpanch of the Village of the Panchayat concerned, as Ex-officio

members in the Management Committee. Besides the petitioner will be at

liberty to point out to the authorities concerned the alleged mis-direction or

mis-utilization of the funds meant for various Programs. In case the

petitioner does make any such representation, the authorities concerned

are expected to look into the matter and pass appropriate orders.

With the above observation, this writ petition is disposed of,

leaving the parties to bear their own costs.


                                                   (T.S.THAKUR)
                                                   CHIEF JUSTICE


                                                   (SURYA KANT)
September 10, 2008                                      JUDGE
Malik