- (1.) BY way of this petition, allegedly filed in public interest, the petitioner prays for the issuance of a writ in the nature of certiorari for quashing the order, dated 12.8.2005 (Annexure P-1), passed by the Principal Secretary, Local Government Punjab, Chandigarh, as also for the issuance of a writ in the nature of mandamus directing the respondents not to misuse public land/property and to restrain respondents No. 1 to 6 from leasing out public land to respondents No. 7 to 12 or any other person as the land in question is shamlat deh and belongs to proprietors of the village and Gram Panchayat Bhabat, now Nagar Panchayat, Zirakpur.
(2.) BEFORE we proceed to examine the matter on merits, it would be necessary to notice a few relevant facts. Col. D.S. Vohra, now deceased, a renowned name in the field of prosthetics, was trained in Germany and England. He founded the Artificial Limbs Centre in Pune in 1948. After retirement from the Army, he was invited by the Punjab Government to set up a Prosthetic Centre in Zirakpur. In 1972, Gram Panchayat Bhabat, with encouragement from the State Government, passed a resolution, leasing out land measuring 31 kanals 10 marla, to Col. D.S. Vohra, to set up a Prosthetic Centre. This lease was granted for a period of 99 years at a nominal rent of Rs. 2000/- per annum, and was duly registered with the Sub Registrar, Kharar on 6.6.1972. Thereafter, a complex was constructed on this land and the Prosthetic Centre known as "Nevedac Prosthetic Centre" came into existence. This Centre has provided artificial limbs to a large number of people and has been recognized by the Government of India as well as by the Governments of Punjab and Haryana for providing free service to the poor, at subsidized rates. The Centre provides rehabilitation and artificial limbs to disabled individuals. It has treated more than 60,000 patients including patients from places as afar as Sri Lanka, Pakistan and Afghanistan. For his service to the disabled, Col. Vohra was conferred with Padma Shri, and received numerous national and international awards. His death in the year 1998, led to a dispute between his legal heirs, who have been arraigned as respondents No. 7 to 12. This dispute, between respondents No. 7 to 12, appears to be the genesis of the present petition.
(3.) THE petitioner claims that prior to the lease of land in 1972, the consent of the proprietors of village Bhabat was not obtained. The land was being used for common purposes and was, thus, illegally leased by the Gram Panchayat. It is further contended that as the land is being misused by the legal heirs of Col. Vohra, the impugned order, renewing the lease, be set aside.;