Gram Panchayat Vill Dayalgarh Dist Yamunagar Th Its Sarpanch Rasia Rani v. State Of Haryana And ORS

Vinod Kumar 2017.12.11 12:03 I attest to the accuracy and integrity of this document [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision:06.12.2017 Gram Panchayat Village Dayalgarh

...Petitioner

Versus

State of Haryana and others

...Respondents

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Nonish Kumar, Advocate, for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

Rakesh Kumar Jain, J.

This petition is filed by the Gram Panchayat Dayalgarh which falls within the Legislative Constituency of Yamunanagar and has been adopted by one of the Members of the Legislative Assembly, namely, Ghanshyam Dass Arora under the Vidhayak Adarsh Gramin Yojna. The Government of Haryana used to sanction funds for the development works of the villages, which have to be placed at the disposal of Haryana Rural Development Authority (HRDA). Respondent no.1 has sanctioned `90,42,000/- for the development works of the petitioner but it has been placed at the disposal of respondent no.6, i.e. Executive Engineer, Panchayati Raj, Yamunanagar through HRDA, for utilization in terms of the impugned guidelines/instructions dated 07.06.2017, as per which the Panchayat can execute the development works to the extent of `20 lacs, as provided under the Haryana Panchayati Raj Finance, Budget, Accounts, Audit, Taxation and

[ 2 ] Works Rules, 1996 (hereinafter referred to as the "Rules"). According to these Rules, the administrative approval of the works upto `20 lacs has to be given by the Gram Panchayat itself and the technical sanction has to be accorded by the Technical Wing of the Panchayati Raj Institutions, i.e. Sub Divisional Officer (Panchayati Raj) or XEN (Panchayati Raj), as the case may be, but where the works are beyond the limit of `20 lacs, then it has to be got executed through the Executive Engineer, Panchayati Raj concerned as per the departmental register in form LVIII and Tender Register Form LIX. Learned counsel for the petitioner has submitted that the entire amount of `90,42,000/-has to be deposited in the account of the Gram Panchayat and shall have to be at its disposal for executing the development works in the village.

It is submitted that Section 39 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the "Act") provides that there shall be a Gram Fund for each Gram Panchayat and the same shall be utilized for carrying out the duties and obligations imposed upon the Gram Panchayat or any committee thereof and Section 40 of the Act provides for the source of Gram Fund in which Section 40(a) provides for all grants from the Government or other local Authorities as may be specified credited to the Gram Fund. In this regard, he has relied upon a Division Bench judgment of this Court rendered in the case of Gram Panchayat Village Ghamur Kheri vs. State of Haryana and others, 2009(4) RCR (Civil) 473 and two Single Bench judgments of this Court rendered in the cases of Gram Panchayat Village Barona, Block Kharkhoda, District Sonepat vs.

State of Haryana and others, CWP No.20977 of 2011, decided on 29.02.2012 and Gram Panchayat Village Dingar Majra & others vs.

[ 3 ] others, CWP No.20417 of 2016, decided on 10.05.2017. On the other hand, learned State counsel submits that the Government of Haryana has recently issued Notification No.S.O.68/H.A.11/1994/S.209/2017 dated 13.10.2017, by which cap of `20 lacs has been removed by the Government and now the Gram Panchayat can execute the work of any amount.

After hearing learned counsel for the parties and examining the available record, I am of the considered opinion that this Court has repeatedly held that if the fund/amount is sanctioned, then it ought to be deposited in the Gram fund and to be utilized by the Gram Panchayat for carrying out sanctioned development works within the village in the manner stipulated under the guidelines and the procedure otherwise prescribed by the Government in terms of its instructions.

Further, in Gram Panchayat Village Dingar Majra's case (supra), this Court has held as under:- "On cumulative reading of the provisions, I am of the view that the Gram Panchayat is the body corporate and is an institution of Self government after the induction in Part IX, then, of course all the funds of the Gram Panchayat for the purposes mentioned in Sections 39 and 40(a) of 1994 Act, can only be utilized by the Panchayat and not by the officers of the Government. Gram Panchayats, thus, cannot be directed to utilize its funds through Executive Engineer or Block Development and Panchayat Officer. The State Government has no jurisdiction to issue rules directing that the panchayat funds (in the shape of government aid) to be used by the Government officers/officials. However, if the Government finds that the grants are not being utilized for the purposes the grants were sanctioned or are being embezzled, government can take suitable action against the Sarpanch/Panches in accordance with law, i.e., as per Section 20(1)(e) of 1994 Act."

[ 4 ] While placing reliance upon the instructions dated 07.06.2017 (Annexure P-6), the only grievance of the petitioner is that if the cost of development work is beyond `20 lacs, then the amount/grant of the development work has to be credited to the account of the Gram Panchayat and not to be placed at the disposal of the Executive Engineer, Panchayati Raj concerned, which is now no more available to them in view of the aforesaid notification No.S.O.68/H.A.11/1994/S.209/2017 dated 13.10.2017, by which cap of `20 lacs has been removed by the Government In view of the aforesaid, the present writ petition has become redundant as the grievance of the petitioner has already been taken care of in view of the aforesaid notification dated 13.10.2017. Dismissed.

December 06, 2017 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned :

Yes/No Whether reportable :

Yes/No