Brazen Misuse Of Provisions: P&H High Court Pulls Up Panchayat For Arbitrary Demolition Of Village Properties In Violation Of Court's Orders

The Punjab & Haryana High Court has pulled up the Panchayat and Sarpanch of certain villages, for "arbitrary demolition of structures" in violation of High Court's ruling on guidelines on Gram Panchayat's authority on initiating demolition proceedings.

A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "In consequence for obviating the further perpetuation of arbitrary and brazen misuse of provisions (of Haryana Panchayat Raj Act) by the Sapranches concerned, this Court makes a direction, upon, the Registry of this Court to forthwith transmit the verdict (Karambir and others v. State of Haryana and others) to the Principal Secretary (Revenue), to the Government of Punjab and also to the Principal Secretary (Revenue), to the Government of Haryana, who shall thereafter transmit the same to all the Panchayats concerned, so that complete compliance thereto thus, is made by all concerned."

The Court further added that the compliance affidavit should be filed by the Panchayats when the notice of the demolition is issued and the encroachment of the land will be removed only after taking recourse of the statutory provisions.

The development came after the plea was filed by one Jaikam Deen challenging the decision of the Panchayat by which he was asked to remove the structure allegedly raised on Panchayat's land in Haryana.

Thereafter, notice was issued to Jaikam, by the Sarpanch of Gram Panchayat and Collector of the DC for demolition of the property and when the execution was obstructed, police help was sought by the Executing officer.

The counsel for the state submitted that notice has been issued to the petitioner, hence the cause of action does not arise.

However, the Court noted that the principles laid down in Karambir's case had been not been followed by the Panchayat before carrying the demolition to remove the alleged encroachment.

In Karambir's case following directions were laid down by the High Court:

1). Before passing order to remove the encroachment under Section 24 of the Haryana Panchayati Raj Act, 1994, the Gram Panchayat is required to give notice along with the valid demarcation of the sites to the respondent.

2). Before taking further action against the encroacher, the demarcation should be carried out by the competent Revenue Officer.

3). The proceedings drawn under Section 24 of the 1994 Act, are summary in nature. thus recourse thereto may be avoided by the Gram Panchayat concerned.

Bench noted that despite the fact that no valid demarcation report was prepared and available with the Sarpanch, notice was issued and further action was taken, which led to "arbitrary demolitions of structures, even if, they are revealed in a subsequently made demarcation report, to be so raised, on land owned rather by the persons concerned."

In light of the above, the Court opined that the Sarpanch has made "brazen misuse of the provisions" and directed the Registry to circulate the copy of the Karambir's judgement to the Principal Secretary (Revenue), to the Government of Punjab and also to the Principal Secretary (Revenue), to the Government of Haryana, who shall thereafter transmit the same to all the Panchayats concerned, so that complete compliance thereto thus, is made by all concerned.

The Court also directed the concerned Panchayat to file the compliance affidavit with respect to the number of notices issued.

It was further directed that no further action be taken to remove the encroachment, except following the statutory provisions.

Consequently, the plea was disposed of.

Appearance: Sachin Mittal, Advocate for the petitioner.

Ankur Mittal, Additional Advocate General, Haryana with Saurabh Mago, Deputy Advocate General, Haryana.

Citation: 2024 LiveLaw (PH) 42

Title: Jaikam Deen v. State of Haryana and others.

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