HC upholds sale of disused panchayat drain land for govt project, finds no procedural lapse
Asserting that an abandoned or disused village drain falling in government licensed projects can validly be transferred by sale for the schemes, the Punjab and Haryana High Court has asserted. The assertion came as the Bench dismissed a plea challenging the sale of more than 46 kanals of shamlat land at Papri village in Mohali district for a GMADA project. The court held that there was no violation of statutory procedure as the land in question — mostly a dysfunctional drain — had not seen water flow in years, and its natural utility had already been nullified by the construction of underground pipelines.
Referring to amended Rule 12-A of the Punjab Village Common Lands (Regulation) Rules, the Division Bench of Justice Sureshwar Thakur and Justice Vikas Suri observed: “The subject land though is a drain (nullah), yet water has not entered the said drain for the last several years, whereby it is an abandoned or a dysfunctional drain… Approval to the resolution as granted by the state government does not require any interference.”
“The subject land though is a drain (nullah), water has not entered the said drain for the past several years, whereby it is an abandoned or a dysfunctional drain… Approval to the resolution as granted by the state government does not require any interference.."
Division Bench of Justice Sureshwar Thakur and Justice Vikas Suri, Punjab and Haryana High Court
The petitioner had argued that 43 kanals 18 marlas out of the total land comprised a functional drain and hence could not be sold as it would obstruct the natural water flow. However, the court rejected this contention based on a communication dated October 17, 2017, from the Chief Engineer, Drainage, Punjab, confirming that GMADA had already laid underground Hume pipes and flow of water had been diverted.
The Chief Engineer’s letter categorically stated: “There appears no need of this nullah/drain because there will be no effect on the natural flow of the water nor any problem will be faced by the nearby people.” On this basis, the Bench held that the old irrigation channel stood abandoned, and the petitioner’s objection on environmental grounds was unsustainable.
The Bench also observed a perusal of the letter dated October 17, 2017, issued by the Irrigation Department revealed that GMADA laid underground pipelines beneath the airport road, completely damaging the old irrigation channel, which was no longer in use for irrigation purposes.
The Bench observed that the petitioner had challenged the legality of the approval granted by the Governor of Punjab on February 16, 2017, arguing that it violated the procedure prescribed under Rule 12-A of the 1964 Rules. But sub-rule (2) of Rule 12-A specifically permitted the sale of abandoned paths or watercourses (khals) in shamlat deh, provided they were not under use and the sale is in accordance with the prescribed procedure.
Citing a resolution dated September 21, 2016, passed by a five-member committee chaired by Mohali Deputy Commissioner, the court noted that the land had been assessed at Rs 3 crore per acre, and all requisite formalities were completed. There was no challenge to the Governor’s approval on record, the court added, rendering the administrative decision final and binding.
“Approval… has been made in accordance with the procedure ordained in Rule 12-A of the 1964 Rules,” the court ruled while dismissing the writ petition.
Chandigarh