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.
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
(J.S.Khehar) Judge (S.D.Anand) 27.8.2009 Judge AS