Gram Panchayat Of Village Lallo … vs State Of Punjab And Others on 27 August, 2009

Letters Patent Appeal No.779 of 2009 (O&M)                                1


        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH.


                                                 LPA No.779 of 2009(O&M)
                                                 Date of Decision:-27.8.2009


Gram Panchayat of village Lallo Majara, Tehsil and District Nawanshahr.

                                                               ---Appellant
                                       Versus

State of Punjab and others                                    ---Respondents

CORAM:- HON’BLE MR.JUSTICE J.S.KHEHAR
HON’BLE MR.JUSTICE S.D.ANAND

Present:- Mr.B.S.Bali, Advocate for the petitioner.

J.S.KHEHAR, J.(ORAL)

Through the instant Letters Patent Appeal, the Gram Panchayat

of village Lallo Majara has impugned the order dated 13.2.2008 passed by

the learned Single Judge while disposing of CWP No.1277 of 1995.

As in the aforesaid writ petition, so in the present Letters Patent

Appeal, the appellant-Gram Panchayat is seeking to impugn the action of

the State Government in approving the exchange of land belonging to the

Gram Panchayat with the land of Sarwan Singh-respondent No.4. It would

be pertinent to mention that the land sought to be exchanged was earlier

being used by the Gram Panchayat as a cremation ground. Earlier, the

cremation ground was in close vicinity of the abadi of the village. Besides

that, it was also low lying and came to be inundated by water during

monsoon. The Gram Panchayat by an unanimous resolution accepted to

exchange the land with the land belonging to Sarwan Singh, which was

away from the abadi, and did not have any other adverse effect in the
Letters Patent Appeal No.779 of 2009 (O&M) 2

erstwhile cremation ground. The aforesaid unanimous resolution passed by

the Gram Panchayat was approved by the State Government.

In the instant appeal, none of the issues taken into

consideration either by the Gram Panchayat or by the learned Single Judge

have been controverted. Learned counsel for the appellant has invited our

attention to the site plan (Annexure P1), depicting the location of the

erstwhile cremation ground, as also, the land of Sarwan Singh, where the

same has now been shifted. The land of Sarwan Singh where the cremation

ground is presently located is away from the abadi of the village.

In view of the above, we find no infirmity in the determination

rendered by the learned Single Judge while disposing of CWP No.1277 of

1995.

Dismissed.

                                                         (J.S.Khehar)
                                                              Judge



                                                         (S.D.Anand)
27.8.2009                                                     Judge
AS