Prem Singh & Anr. v. State of Haryana & Ors.

CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MRS. JUSTICE REKHA MITTAL Present : Mr. Y.P.Singh, Advocate for the petitioners. Ms. Lavanya Paul, AAG, Haryana for respondents No.1 to 3. Mr. S.S.Dalal, Advocate for respondent No.4. **** RAJIVE BHALLA, J. The petitioners pray for issuance of a writ of certiorari quashing the action of the respondents in carving out of plots of 100 sq. yards, from land reserved for a pond. Counsel for the petitioners submits that though allotment of plots has been made to members of Scheduled Castes and Backward Classes, under the Mahatma Gandhi Gramin Basti Yojna, the Gram Panchayat should be restrained from proceeding to hand over possession of land which was reserved for a pond. Counsel for the State of Haryana as well as counsel for respondent No.4 submit that resolution allotting plots was passed in the year 2008. The delay in approaching this Court, dis-entitles the petitioners to any relief.

It is further submitted that though the land, CWP No.19403 of 2012 -2- in dispute, is recorded in the jamabandi as a 'johar', it is no longer used as a water body as it is dry. The photographs appended by the petitioners are incorrect. We have heard counsel for the parties, perused the paper book, particularly, the reply filed by State of Haryana as well as the Gram Panchayat. The respondents do not deny that the land in dispute was a gair mumkin johar (a pond) but assert that as the pond is dry, the Gram Panchayat should be allowed to use the land for allotting plots to the members of Scheduled Castes and Backward Classes etc. The right of the Gram Panchayat to allot plots to Scheduled Castes and Backward Classes etc. is not in dispute. The only dispute is whether these plots can be allotted from land reserved for a pond. The Gram Panchayat as well as the Government, are custodians of public property, and where it concerns water bodies, are obliged, in the exercise of their powers, as custodians of such properties, to ensure that water bodies do not fall into dis-use and, if they have run dry, should make an attempt to recharge these water bodies.

Water bodies are essential for sustaining agrarian societies, particularly, our villagers. In these times of falling water levels, the need to preserve water bodies and recharge them is paramount. At this stage, we would like to remind the State of Haryana as well as the Gram Panchayat of observations of Hon'ble the Supreme Court in Hinch Lal Tiwari vs. Kamala Devi and others, (2001) 6 SCC 496, which reads as follows: “It is important to notice that the material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature's bounty. They maintain CWP No.19403 of 2012 -3- delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution. The Government including the Revenue Authorities i.e. Respondents No.11 to 13, having noticed that a pond is falling in disuse, should have bestowed their attention to develop the same which would, on one hand, have prevented ecological disaster and on the other provided better environment for the benefit of the public at large.

Such vigil is the best protection against knavish attempts to seek allotment in non-abadi sites.” The Gram Panchayat has already passed a resolution and allotted plots to the members of the Scheduled Castes and Backward Classes. The petitioners are, therefore, relegated to their alternative remedy of filing an application under Section 5(B) of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana. If such an application is filed, the authority seized of the application, shall consider the nature of the land and if it arrives at a conclusion that plots cannot be allotted in the gair mumking johar, direct the Gram Panchayat and Government to allot alternative land. It is made clear that this order shall not be read as an impediment to allotment of plots to members of Schedule Castes/ Backward Classes etc. but is only being passed to enable authorities to decide whether the plots should be allotted in a gair mumkin johar CWP No.19403 of 2012 -4- or in some other area, ear-marked by the State Government or the Gram Panchayat. Disposed of accordingly. (RAJIVE BHALLA) JUDGE

22.11.2012 (REKHA MITTAL) JUDGE