V.K.JHANJI, J. - (1.) AT the request of counsel for the parties, writ petitions are taken on Board for final disposal.
(2.) THIS will dispose of Civil Writ Petition Nos. 1763 and 2159 of 1985. Facts have been taken from Civil Writ Petition No. 1763 of 1985. State of Haryana issued a notification dated 29.6.1984 inviting objections to its proposed intention in regard to inclusion of certain area of Gram Panchayat, Sukhrali in the limits of Municipal Committee, Gurgaon. Petitioner Gram Panchayat filed objections dated 30.7.1984 to the said proposal stating therein that land of the Gram Panchayat cannot be deviated from the ownership right of the Shamlat Deh without payment of compensation because proprietor and inhabitants of the village would be deprived of amenities available to them from Shamlat Deh and the inclusion is not in the public interest. In the objections, petitioner-Gram Panchayat also prayed for personal hearing. State Government issued notification dated 9.1.1985 published in the Haryana Government Gazette on 19.3.1985 ordering the inclusion of area lying between Gram Panchayat Sukhrali and Municipality Gurgaon, in the area of Municipality Gurgaon.
(3.) THE area included in the limits of Municipality, Gurgaon was shown red in the site plan annexed with the petition. After issuance of the notification Block Development and Panchayat Officer, Gurgaon vide its letter dated 27.2.1985 directed Sarpanch of Petitioner Gram Panchayat to deposit the record of moveable and immovable property and cash book etc., of the area included in the Municipal limits and also to submit a list of regular staff. In the present writ petition challenge has been made to notification dated 9.1.1985 and the letter dated 27.2.1985 on the ground that petitioner Gram Panchayat was not afforded an opportunity of hearing before finalizing the matter in regard to inclusion of the area of Gram Panchayat Sukhrali in the limits of Municipality Gurgaon and that respondent No. 3 namely Block Development and Panchayat Officer was not competent to direct the Sarpanch of petitioner Gram Panchayat to deposit the entire record of the Gram Panchayat because there was partial inclusion of Sabha area and the Gram Panchayat was alive and as such said B.D.P.O. had no jurisdiction in this regard. The case of the petitioner is that land has been taken away from the Gram Panchayat without payment of any compensation and that the Gram Panchayat alone is competent to transfer the land in view of provisions of Punjab Village Common Lands Act, 1961.;