The Punjab & Haryana High Court’s recent condemnation of the flagrant abuse of authority by certain Panchayats and Sarpanches highlights a significant case of injustice. In Jaikam Deen v. State of Haryana and ors., the Court reprimanded the arbitrary demolition of structures on alleged encroached land by Gram Panchayats. Justices Sureshwar Thakur and Lalit Batra emphasized adherence to proper procedures citing the Karambir judgment’s guidelines and directing the dissemination of the ruling to relevant authorities. This verdict aims to prevent further misuse of power and ensure compliance with statutory provisions marking a crucial step towards upholding procedural justice.
CASE DETAILS:
Jaikam Deen v. State of Haryana and others.
CWP-1225-2024
Punjab & Haryana High Court
Coram: Justice Sureshwar Thakur and Justice Lalit Batra
BRIEF FACTS:
- The petitioner was allegedly accused of encroaching upon Panchayat land resulting in notices being issued under Section 24(1) of the Haryana Panchayati Raj Act, 1994 by the Sarpanch of the relevant Gram Panchayat.
- The notices requested the removal of structures erected on the common passage owned by the Gram Panchayat.
- Challenging the Panchayat’s decision, the petitioner filed a plea regarding removing the structure on Panchayat land in Haryana.
- Subsequently, the petitioner received notices from the Sarpanch and the District Collector for property demolition. When execution faced obstruction, police assistance was sought.
- The state’s counsel argued that notice had been served to the petitioner, thus negating the need for legal action.
OBSERVATIONS:
The Court observed that the procedures outlined in the case of Karambir were disregarded by the Panchayat before carrying out the demolition to address the alleged encroachment. In the Karambir case, the High Court provided specific instructions:
- The Gram Panchayat must issue a notice along with accurate site demarcation before ordering the removal of encroachments under Section 24 of the Haryana Panchayati Raj Act, 1994.
- A competent Revenue Officer should conduct the demarcation before further action against the encroacher is taken.
- Proceedings under Section 24 of the 1994 Act are of a summary nature and should be avoided by the Gram Panchayat if possible.
The Court noted that despite the absence of a valid demarcation report available to the Sarpanch, notices were issued and subsequent actions were taken resulting in arbitrary demolitions of structures even those later found to be on land owned by the concerned individuals. In light of these findings, the Court concluded that the Sarpanch had grossly misused the provisions and instructed the Registry to distribute copies of the Karambir judgment to the Principal Secretary (Revenue) of the Punjab and Haryana governments. These authorities were then tasked with disseminating the judgment to all relevant Panchayats to ensure full compliance.
Additionally, the Court directed the concerned Panchayat to submit an affidavit confirming the number of notices issued. It was further ordered that no further action be taken to remove encroachments unless by statutory provisions.
JUDGEMENT:
The Punjab & Haryana High Court has reprimanded the Panchayat and Sarpanch of specific villages for their “unilateral demolition of structures” in clear violation of the High Court’s guidelines on the Gram Panchayat’s authority regarding demolition procedures.
A division bench comprising Justice Sureshwar Thakur and Justice Lalit Batra issued a directive stating that to prevent further arbitrary and flagrant misuse of provisions outlined in the Haryana Panchayat Raj Act by the respective Sarpanches, this Court orders the Registry to promptly transmit the verdict (Karambir and others v. State of Haryana and others) to the Principal Secretary (Revenue) of the government of Punjab and Haryana who shall forward it to the concerned Panchayats to ensure complete compliance.
