Bhupinder Singh v. State of Punjab etc

HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. Balbir Singh Jaswal, Advocate, for the petitioner. T.S.Thakur, C.J. (ORAL) This petition has been filed in public interest. It prays for a writ of mandamus directing respondent Nos.4 and 5 namely Block Development and Panchayat Officer, Ajnala, District Amritsar and Gram Panchayat Village Awan, respectively, not to change or divert the original layout of Kacha path on the eastern side of, what is known as Dhusi Bundh, constructed for defence purposes. A further direction restraining the respondents from closing the Nallah or converting the same into a road, which may result in flooding of area and loss of crops has also been prayed for. When the matter came up before us on 20.3.2009, we had directed learned counsel for the petitioner to verify whether any authority has been prescribed under the Rules for resolving disputes between one Panchayat and the other in terms of Section 215 of the Punjab Panchayati Raj Act, 1994, which reads as under : "215.

Disputes between Panchayats and other bodies : If any dispute arises between two or more Panchayats or between a C.W.P.No.4352 of 2009 -2- Panchayat and a Municipal Corporation or a Municipal Committee or a Notified Area Committee it shall be referred to the prescribed authority whose decision shall be final and shall not be questioned in any court of law. " We are informed by learned counsel for the petitioner as also Mr. Amol Rattan Singh, Addl. AG, Punjab, who appears for respondent Nos.1 to 4 that no rules have been framed under the provisions of Punjab Panchayati Raj Act, 1994, nor any authority prescribed in terms of Section 215 (supra). Mr. Singh, all the same, submits that since the questions that have been raised by the petitioner in this petition primarily are questions of fact namely whether there is any Bundh like the one, referred to in the writ petition, and whether the authority proposes obstruct the Nallah flowing near the Bundh and whether there is any possibility of the land adjacent to the Nallah getting flooded on account of any such obstructions, the proper course would be to refer the matter to the Director, Rural and Development Panchayat, Punjab, who could examine the issues and pass appropriate orders under intimation to the petitioner.

That, in our opinion, appears to be the most appropriate course of action. Whether or not the construction of a road or path across Dhusi Bundh as proposed would cause any inconvenience or prejudice to the residents of the area, is a matter that may have to be looked into by the Director, after spot verification and hearing the petitioner. So also there is any proposal to obstruct the Nallah which may result in flooding of the lands situated in the vicinity is also a matter that seems to be addressed by the Director. C.W.P.No.4352 of 2009 -3- In the circumstances, therefore, and in the absence of any prescribed statutory authority in terms of Section 215 of the Act, aforementioned, we deem it fit to direct the Director, Rural and Development Panchayat, Punjab, to look into the grievance made by the petitioner and pass appropriate orders in accordance with law, if necessary, after spot inspection. We further direct that the Director shall hear the petitioner in person for which purpose the petitioner shall appear before him on 15.4.2009 at 10.30 AM. (T.S.THAKUR) CHIEF JUSTICE

25.3.2009 Vimal (HEMANT GUPTA) JUDGE