Ram Murti And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (Proceedings through V.C.) CWP No.18714 of 2021 Date of decision: 22.09.2021 Ram Murti and others ..Petitioners

Versus

State of Haryana and others ..Respondents

CORAM:

HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

Present:

Mr. Krishan Singh, Advocate for the petitioners.

*** AUGUSTINE GEORGE MASIH, J. (Oral) Learned State counsel submits that the scheme, for preparing maps for the village within the Lal Dora with an intention to identify the properties so that the title could be specified of the residents, was launched by the State of Haryana, which has been adopted by the Central Government. Under this scheme, the exercise has been carried out, which is the subject matter of the present petition. His further submission is that once the Survey of India prepares the maps on the basis of the photographs taken by the drones and the data submitted by the concerned department, the said map is put on display in the Gram Panchayat and the objections are called for, if any. Thereafter, the Haryana Panchayati Raj Act, 1994 is followed with regard to the consideration and decision on the said objections.

Rule 14(1)(i) of the Haryana Panchayati Raj Rules, 1995 details the procedure to be followed, which is to be read in consonance with Section 26(1) of the Haryana Panchayati Raj Act, 1994. He states that in normal circumstances, the decision on the objections has to be taken by the Sarpanch NEETU RANI 2021.09.23 13:42 I attest to the accuracy and integrity of this document PHHC

CWP No.18714 of 2021 -2- .....

of the Village but in the light of the fact that the Gram Panchayats have been dissolved in the State of Haryana because of the expiry of the term, it is the Block Development and Panchayat Officer, who has been appointed as the Administrator, who will be considering the said objections and deciding the same.

He informs the Court that as far as District Yamuna Nagar is concerned, to which this case relates, a committee of three officers, namely, Sub-Divisional Magistrate, the District Development and Panchayat Officer and the Tehsildar, has been constituted to take care of the situation where the objections decided by the Block Development and Panchayat Officer, does not satisfy the objector to the map initially displayed. In the light of the above, we dispose of the present writ petition with the directions to the Block Development and Panchayat Officer to consider and decide the representation/objections submitted by the petitioners to the Sarpanch of the Village dated 17.02.2021 (Annexure P-10) in accordance with the above procedure as early as possible. The subsequent procedure be also followed in case, the objections of the petitioners are rejected and the petitioners prefer a representation to the Committee so constituted by the Deputy Commissioner.

( AUGUSTINE GEORGE MASIH ) JUDGE 22.09.2021 ( MEENAKSHI I. MEHTA ) neetu JUDGE Whether speaking/reasoned Yes Whether Reportable No NEETU RANI 2021.09.23 13:42 I attest to the accuracy and integrity of this document PHHC