- (1.) By this writ petition, the petitioners have challenged the transfer of three acres of land owned by the Panchayat to respondent No. 6 for setting up of sewerage treatment plant. The plea taken was that rule 12 of the Punjab Village Common Lands (Regulations) Rules, 1964 (for short 'the Rules') has been violated.Rule 12 of the Rules reads thus :- "12. Purpose for which land may be sold.-(1) A Panchayat may, with the previous approval of the Government, sell land in Shamilat Deh vested in it under the Act for :- (i) the purpose of constructing building for Block Samiti Office or any department of or institution recognized by the Government; (ii) the purpose of any industrial or commercial concern; or (iii) executing such a scheme as may be a source of recurring income for the benefit of the inhabitants of the village; (iv) residential purpose of the inhabitants of the village; (v) for the purpose of financing the construction of building for schools and for veterinary and civil dispensaries in the Sabha area. (2) Where it is proposed to sell the land in Shamilat Deh under sub-rule (1), the Panchayat shall forward to Government a copy of its resolution passed by a majority of the three-forth of its members proposing to sell the land through the Panchayat Samiti and Divisional Deputy Director, Panhayati Raj stating- (a) the area and location of the land proposed for sale; (b) the estimated income from the sale and whether the income would increase, if the land is sold after some years; (c) the reasons as to why the Panchayat wants to sell the land and the plans for utilization of the income from the sale. (3) The publicity for sale of land in Shamilat Deh by auction shall be made by the Deputy Commissioner in accordance with the procedure laid down in sub-rule (10) or Rule 6 on receipt of the approval of Government who shall also decide whether the land should be sold in one or more lots and the officer who should be present at the auction."
(2.) Brief facts are that the Gram Panchayat of village Nikku Nangal consists of 9 members. On 25.6.2009, a meeting of the Gram Panchayat was called but no notice of the same was given to the petitioners, wherein a resolution was passed to transfer the land comprised only in Khasra No. 472/3 to Municipal Council, Nangal for construction of sewerage plant. It has further been averred that again on 1.7.2009, respondents No. 8 to 12 called a meeting without giving prior notice to the petitioners. Thereafter, in another meeting held on 12.7.2009, a resolution was passed by respondents No. 8 to 12 stating that Municipal Council Nangal had made a demand of three acres of shamlat land from the Gram Panchayat for the purpose of construction of sewerage treatment plant. It is also averred that on the basis of the aforesaid resolutions, respondents No. 2 to 5 accorded permission to the proposal sent by the Gram Panchayat for transferring shamlat land to Municipal Corporation, Nangal and on the basis of which, respondent No. 1 has passed an order dated 23.12.2009 (Annexure P-4) granting approval for transfer of 32 kanals (4 acres) of land to Municipal Council, Nangal @ Rs. 6 lacs per acre.
(3.) Counsel for the petitioners has argued that the said proposal was not admittedly supported by 3/4 members of the Panchayat and consequently the entire action was vitiated.;