SATISH KUMAR MITTAL ,J. - (1.) GRAM Panchayat, Village Saskaur, Tehsil Anandpur Sahib, District Roopnagar, has filed this petition under Articles 226/227 of the Constitution of India for quashing the order dated 5.10.2006, passed by the Joint Director, Rural Development and Panchayat Punjab, Chandigarh, in exercise of the powers of the Director, Panchayat, Punjab, whereby the resolution dated 6.1.2006, passed by the Gram Sabha was cancelled; and the order dated 29.10.2007, whereby the revision filed by the Gram Panchayat against the said order has been dismissed by the Secretary, Rural Development and Panchayat, Punjab, Chandigarh.
(2.) THE brief facts of the case are that during the consolidation in the village, an area of 1 Kanal 18 Marlas bearing Khasra No. 41 was reserved for cremation ground. Since then, the said land was being used as cremation ground of village without any difficulty. On 6.1.2006, the 'Gram Sabha', Village Saskaur, passed a resolution for shifting the said cremation ground from Khasra No. 41 to an area of 2 Kanals out of the total area of 15 Kanals 19 Marlas, in Khasra No. 7//16/4, 14/2 and 15, belonging to the Gram Panchayat on the ground that the existing cremation ground adjoins Hadda Rori and skinning of dead animals and is emitting of foul smell. In pursuance to this resolution, the petitioner Gram Panchayat passed a resolution dated 29.5.2006, approving the expenses of Rs. 70,000/- for construction of the shed in the new cremation ground.
(3.) THE above said resolution dated 6.1.2006 was challenged by some of the inhabitants of the village by filing a petition under Section 199 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'), which empowers the Director to cancel any resolution passed by a Panchayat if, in his opinion, such resolution (a) is not legally passed; or (b) is in excess of abuse of the powers conferred by or under this Act or any other law; or (c) is contrary to the interests of the public or, likely to cause waste or damage of Samiti Fund or Zila Parishad Fund or of property of a Panchayat Samiti or Zila Parishad; or (d) on its execution is likely to cause danger to human life, health or safety or is likely to lead to a riot or affray.;