G.R.MAJITHIA, J. - (1.) THE petitioner has challenged the order contained in Endst. No. S-2-93/21586-89, dated 20-4-193, issued by the Commissioner and Secretary to Government, Haryana, Development and Panchayat Department, Chandigarh, according approval for the gift of sham-lat land of Gram Panchayat Damla, Block Jagadhri, measuring 59 acres 5 kanals 10 marlas out of Khasra No. 201 to Ch. Charan Singh Haryana Agricultural University, Hissar, for the construction of Krishi Vigyan Kendra at Yamunanagar, in this petition under Articles 226/227 of the Constitution of India.
(2.) THE petitioner says that the land which has been gifted was reserved as abadi area at the time of consolidation in the village. He was in possession of land measuring 16 kanals out of 469 kanals 10 marlas comprised in Khasra No. 201 as a co-sharer and it does not vest in the Gram Panchayat. In response to the notice of motion issued by this Court, written statements have been filed on behalf of respondents No. 1, 2 and 4 and Gram Panchayat Damla through its Sarpanch. Respondents No. 1, 2 and 4 have pleaded that the disputed land falls within the definition of 'shamlat deh' and vests in the Gram Panchayat. Consolidation of holdings in the village concluded in the year 1955-56 and all the right holders took possession of the new sites allotted to them in consolidation. The land was lying vacant and it vested in the Panchayat in terms of Section 2 (g) of the Punjab Village Common Lands (Regulation) Act, 1961, as applicable to the State of Haryana (for short, the Act ). It is further pleaded that the disputed land was reserved as abadi deh at the time of consolidation. The village was previously located in the disputed land, but during consolidation proceedings, new abadi area was carved out and all the right holders had occupied the sites allotted to them in the new abadi area. The land was gifted by the Panchayat and the State Government had granted approval to the gift. The gram Panchayat has gifted land to the educational institution. The main object of Krishi Vigyan Kendra is to impart vocational training to farmers, farm women, drop-outs, rural youth and also to provide necessary facilities to the farmers at their doorsteps. The problems of the farmers will be taken care of by the experts in the various disciplines of Agriculture, Animal science and Veterinary Science/home /science. The Krishi Vigyan Kendra will also help the farmers engaged in farming, dairying and similar allied activities and also establish necessary facilities for testing soil and water, which will help farmers of the area for better production and for raising their standard of living. The petitioner occupied a part of the disputed land to show his possession, the Revenue authorities had ordered correction of entries in the Khasra Girdawaris.
(3.) THE Gram. Panchayat in its written statement has pleaded that the petitioner occupied a portion of the land and in the column of cultivation in the Jamabandi for the year 1989-90, it is recorded "gair maurusi, billa laqan". This entry obviously reflected that the petitioner was in possession of the disputed land without any rights. A petition moved by Jag Ram and Vinod Kumar, residents of village Damla, for correction of Khasra Girdwari entries in respect of the land measuring 16 Kanals comprised in Khewat No. 1141, Khatauni No. 1504 and Khasra No. 201, which is part of the total land measuring 469 Kanals 10 Marias of this Khewat, was dismissed by the Assistant Collector II Grade, Jagadhri, but on appeal, the order of the Assistant Collector was reversed by District Collector, Jagadhri, vide order dated April 8, 1993, observing thus : "after hearing counsel for both the parties and going through the relevant record, I have come to conclusion that the disputed land is old abadideh and the same is not covered by Section 4 of the Land Revenue Act and hence the same is not covered by the definition of land. On account of the aforesaid reasons, the correction of girdawari of the disputed land is neither justifiable nor legal.;