Bal Ram and Another vs State of Haryana and Others

Rajive Bhalla, J.—The petitioners pray for quashing of order, Annexure P-5 passed by the Sarpanch of Gram Panchayat, Palwali, Tehsil and District, Faridabad, cancelling a 100 square yards plot allotted to the petitioner made under Mahatma Gandhi Gramin Basti Yojna. Counsel for the petitioners submits that the Sarpanch has no power, under any statute, to cancel allotment of a plot made under the aforementioned scheme. The order cancelling the allotment has been passed without affording an opportunity of hearing or serving a notice upon the petitioners to show cause why the allotment should not be cancelled. It is further submitted that even the order whereby the petitioners'' names have been struck off from the list of below poverty line families, has been passed without notice to the petitioners.

Counsel for the Gram Panchayat is not present nor has he filed a reply.

Counsel for State of Haryana submits that on a re-survey, it transpired that the petitioners are not members of below poverty line family and, therefore, after issuing notice to the petitioners, their names were struck off from the list of below poverty line families. As a necessary consequence, the Sarpanch passed an order cancelling the allotment of a 100 square yards plot to the petitioners. The fact the at a notice to show cause was not issued to the petitioners is irrelevant.

We have heard counsel for the parties, perused the impugned order and have no hesitation in holding that the Sarpanch had no jurisdiction to cancel the 100 square yards plot allotted under the Mahatma Gandhi Gramin Basti Yojna. The power to cancel a plot vests with the authority exercising power under the scheme or u/s 10A of the Punjab Village Common Lands (Regulation) Act, 1961 and then also after issuing a show cause notice. Admittedly, no show cause notice was ever issued to the petitioners, before the plots were cancelled. The impugned order is, therefore, illegal and void for violation of the principle of natural justice. The writ petition is accordingly allowed and the impugned order is set aside. The Assistant Collector 1st Grade, Faridabad is directed to forthwith issue notice to the petitioners to show cause why the 100 square yards plots allotted to them be not cancelled and after receipt of the reply, if any, decide the matter within three months from receipt of a certified copy of this order.