Darshan Singh vs State of Punjab and others

J.M. Tandon, J.

The State of Punjab formulated a scheme (Integrated Rural Development Policy) for the development of the rural areas under which facilities were to be provided to a cluster of villages at the central village, known as Focal Point. The Focal Point was to be made a purchase centre and provided with banking, postal, telephone and telegraph facilities, fertilizers sale point, veterinary dispensary, shops to cater to the needs of the cluster of villages, rural godown and other amenities like school, dispensary etc. The Government declcred village Partap Pura (Blocl Nur Mahal, District Jullundur) as one of the Focal Points in 197879 and included Partap Pur, Mau Bhaini, Meowal and Sangatpura in the cluster of villages to be attached thereto. According to the instructions issued by the Government, the Panchayat of Focal Point village was to provide 10 acres of land for the establishment of the Focal Point. The Panchayat of village Partap Pura owned small pieces of land and there was no single piece on which Focal Point could be established. The Gram Panchayat Partap Pura resolved to sell the small scattered pieces of land owned by it for purchasing one compact block of land and for this purpose the permission of the Government was sought. The Government gave the permission. Thereafter the Panchayat purchased 5 acres of land at a total cost of Rs. 1,98,000/ out of which Rs. 1,00,000/ were allegedly contributed by the villagers living abroad and the balance was contributed by those living in the villages. The sale of agricultural produce started at Focal Point Partap Pura in Kharif, 1978. The Government declared this Focal Point as a subyard vide order dated 7.9.1979. The agricultural produce was sold at Focal Point Partap Pura in 1979 and 1980. The foundation stone of the Focal Point was laid by the then Development and Panchayat Minister on 20.1.1979. Under the instructions of the Government, four shop sites were auctioned for Rs. 37,300/ at the Focal Point Partap Pura and commission agents are working at the sites since then. The Gram Panchayat Partap Pura got Rs. 36,000/ as loan from Government for constructing four shops and deposited the same with P.W.D. The Central Cooperative Bank, Jullundur has opened a branch in village Partap Pura. The Panchayat has given a building for Civil Dispensary and another for running veterinary hospital. In November, 1980 the Government decided to shift the Focal Point from village Partap Pura to village Mau Sahib and Memo dated 6.11.1980 (P.8) was addressed by the Director, Rural Development and Panchayat, Punjab to the Deputy Commissioner, Jullundur conveying this decision of the Government. The petitioner is Sarpanch of Gram Panchayats Partap Pura. He has assailed the decision of the Government(P.8) to shift the Focal Point from Partap Pura to village Mau Sahib in the present writ petition.

The learned counsel for the State has argued that the decision of the Government to change the Focal Point from Partap Pura to Mau Sahib, being executive, cannot be assailed in a writ petition. The contention is without merit. Similar decision regarding change of Focal Point was assailed in Civil Writ No. 3012/1978, decided on 28.9.1978. The Division Bench allowed that writ and observed :

"There is no dispute with the propositions laid down in the case of the Excise Commissioner, U.P. Allahabad, etc. (supra) land the decisions noticed therein, but the propositions laid down therein are relevant to the facts of those cases. Had it been otherwise, their Lordships would have taken notice of its earlier decisions in AngloAfghan Agencies etc. and Century Spinning and Manufacturing Co. Ltd, and another (supra), and would have overruled them.

No exception can be taken to the propositions laid down by their Lordships in the Excise Commissioner U.P. Allahabad, etc.''s case, but they have said no more than this that where public interest or public act dictates the going back or reneging by the Government on its assurances of promises, then the same cannot be held against it and it cannot be made captive of its promises and assurances. However, where no such public good or public interest comes in the way of the Government in implementing its assurances and promises, then the equally important consideration that citizens should not lose faith in the promises and assurances of its Government would dictate that the Government must be made to stick to its promises and assurances in the public interest."

It is clear from the observations of the Division Bench reproduced above that unless the Government satisfies that the proposed change of Focal Point from Partap Pura to Mau Sahib is in public good or public interest, it cannot be allowed to do so.

In the written statement filed on behalf of the official respondents, it has been averred that the Focal Point from Partap Pura has been shifted because the Panchayat of that village incurred an expenditure of Rs. 1,70,385/ for purchasing 34 Kanals 11 Marlas for making 10 acres of land available for setting up Focal Complex. This ground is hardly cogent. The Panchayat of village Partap Pura was to make available 10 acres of land free of cost for establishing Focal Complex. The Panchayat sold small pieces of land with the approval of the Government and thereafter purchased another piece of land for setting up the Focal Complex. The Government admittedly got the land free of cost for setting up the Focal Complex. The Panchayat committed no illegality or irregularity in the matter of acquiring land which was made available for setting up the Focal Complex. This ground cannot be pressed on behalf of the Government for getting a finding that the proposed change of the Focal Point from Partap Pura to Mau Sahib is in public good or public interest.

The Focal Point at Partap Pura was set up in 1978 for villages Partap Pura, Mau Sahib, Bhaini, Mau and Sangatpura. The location of Partap Pura is admittedly central. It has been averred in the written statement that the Focal Point for 25 villages instead of 5 villages is proposed to be set up. No justification for the change in the number of villages has been given. The averment made in the written statement is that 5 of 6 villages may be included in the existing cluster per year. It would be reasonable to infer that the decision on this point is tentative and not definite. It is rather doubtful if one Focal Point can be of effective service for 25 villages.

Another justification for the change of Focal Point from Partap Pura to Mau Sahib is that the latter is 5 km. from river Sutlej whereas the former is 8 km. This can hardly be taken as a good justification for the proposed change.

In view of the discussion above, it cannot be held that the change of Focal Point from Partap Pura to Mau Sahib is in public good or public interest. The impugned decision, therefore, cannot be sustained.

In the result, the writ is allowed and the impugned order (P. 8) to change the Focal Point from Partap Pura to Mau Sahib (Block Nur Mahal, District Jullundur) is quashed. No order as to costs.