2002 (4) TMI 975 - SC - Indian Laws

Summary

Issues Involved:
1. Allegations of land usurpation by a political leader.
2. Legality of land gifts by Gram Panchayat.
3. Compliance with the Punjab Village Common Lands (Regulations) Act, 1961, and related rules.
4. Encroachment on Border Security Force (BSF) land.
5. Compliance with the Forest Conservation Act, 1980.

Issue-wise Detailed Analysis:

1. Allegations of Land Usurpation by a Political Leader:
The respondent, a prominent political leader and former Prime Minister, was accused of using political influence to usurp approximately 600 acres of land in Village Bhondsi, Haryana. The petitioner, motivated by an article titled "Lord of the Land" published in India Today on January 18, 1999, filed a writ petition in public interest. The petitioner sought directions for the respondent to vacate the land and hand it over to the Gram Panchayat of Bhondsi. The article alleged that the respondent manipulated resolutions by the Gram Panchayat to gift him state forest land, which was used for purposes other than those stated, such as constructing a farmhouse instead of a hospital and polytechnic for women.

2. Legality of Land Gifts by Gram Panchayat:
The Gram Panchayat of Bhondsi passed several resolutions gifting land to the respondent for constructing a hospital and polytechnic. The Haryana Government endorsed these gifts, but the land was used for other purposes. The court examined the legality of these gifts under the Punjab Village Common Lands (Regulations) Act, 1961, and related rules. The court found that the gifts violated Sections 5A and 5B of the Act, which only allowed gifts to specified categories and for the benefit of village inhabitants. The resolutions and subsequent gifts were deemed void ab initio.

3. Compliance with the Punjab Village Common Lands (Regulations) Act, 1961, and Related Rules:
The court scrutinized the compliance with the Act and the rules. It was found that the Gram Panchayat and the State Government did not adhere to the mandatory provisions of the Act, such as obtaining prior approval from the Forest Department and ensuring the land was used for the specified purposes. The court noted that the land was intended for the benefit of the village's scheduled castes and backward classes but was misused for personal leisure and pleasure. The resolutions and approvals were quashed, and the land was ordered to be returned to the Gram Panchayat.

4. Encroachment on Border Security Force (BSF) Land:
The respondent was also accused of encroaching on 8 acres, 3 kanals, and 7 marlas of BSF land. The court found that the encroached land was vacated only after the filing of the writ petition and the issuance of a court notice. The possession of the land was returned to the BSF on February 16, 2000, indicating the respondent's unauthorized occupation.

5. Compliance with the Forest Conservation Act, 1980:
The court examined the compliance with the Forest Conservation Act, 1980, as the land in question was recorded as forest land. The Act mandates that no forest land can be used for non-forest purposes without prior approval from the Central Government. The court found that the land was not released from the Forest Department as required, making the gifts invalid. The court emphasized the need to protect forest land and directed the land to be utilized in compliance with the Act.

Judgment:
The Supreme Court quashed the resolutions of the Gram Panchayat, the orders of the State Government, and the gift deeds executed in favor of the respondent. The court directed the possession of the land to be handed over to the Gram Panchayat and formulated a scheme for its utilization. The court also ordered the payment of costs of construction to the respondent and imposed costs of Rs. 25,000 on the respondent, to be paid to the amicus curiae and the petitioner. The court refrained from issuing directions for criminal prosecution against the respondent.