- (1.) The trial court as well as the appellate court having declined to restrain the respondents from utilising the disputed site, which is part of Shamlat Deh, for the construction of a 132 K.V.Power House, the petitioners have come up in revision to this court. The disputed site had been given by respondent no.6 (Gram Panchayat) to the DHBVNL, by way of gift, by passing a resolution.
(2.) The Executive Engineer of City Division, DHBVNL, Bhiwani (respondent no.3) demanded six acres of land, free of cost, from respondent no.6, for establishing a (132 K.V.) Power House in the village. The latter, thereupon, gifted the land in question, for the purpose. It is not in dispute that this land forms a part of Shamlat deh. Respondent no.6, who was its owner, passed a resolution dated 12.7.2005 in respect of the gift, and sent it to the Government of Haryana, for approval. The necessary approval was accorded vide order dated 8.8.2005 and, thereupon, the land was gifted to DHBVNL.
(3.) The land was gifted by the Gram Panchayat, under rule 13 (1) of the Punjab Village Common Lands (Regulation) Rules, 1964 (as applicable to Haryana), for a purpose beneficial to the inhabitants of the village and approved by the Government. It would be useful to re-produce rule 13(1) of the Punjab Village Common Lands (Regulation) Rules, 1964, hereunder:- "13. Purposes for which land may be gifted (1) A Panchayat may, with the previous approval of the Government, gift the land in Shamilat deh vested in it under the Act for the purposes of hospital, dispensaries or educational or charitable institution or for such other purposes as may be approved by the Government to be for the benefit of the inhabitants of the village concerned.";