Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to an order passed by the Principal Secretary to Government of Haryana, Development and Panchayats, Department, on 05.08.2013 declining the exchange of land of the petitioner with the land of the Gram Panchayat.
(2.) ON 06.03.1981, Gram Panchayat passed a resolution for exchange of its 3 Kanal 17 Marlas of land out of Khasra No. 2/21 with the land measuring 5 Kanals out of Khasra No. 7//6/1 owned by the petitioners. In pursuance of such resolution, the State Government according approval for exchange of land on 27.06.1982. The petitioners claim to have constructed their houses on the land measuring 700 sq. yards after the sanction was granted by the State Government, whereas the other land is being used for the ancillary activities. It was on 21.12.1983, the Panchayat passed another resolution for cancellation of earlier resolution of exchange. Such resolution of cancellation of earlier resolution was accorded approval by the State Government on 18.06.1984. The said approval was set aside by this Court on 27.02.2012 for the reason that no opportunity of hearing was granted to the petitioners. The matter was remitted to the Government to pass a fresh order in accordance with law after notice to the petitioners. It is thereafter the impugned order has been passed on 05.08.2013.
(3.) THE learned Principal Secretary to Government of Haryana has taken into consideration the report of the Deputy Commissioner dated 13.11.2012 reporting that the market value of Panchayat land is Rs. 80 lakh per acre whereas, the value of the land of the present petitioners is Rs. 70 lakh per acre. Thus, the Government did not agree for the proposal of the exchange of land. It may be noticed that there is no whisper or finding that there is any fraud or mis -representation on the part of any of the parties to the exchange.;