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Synopsis

The Punjab and Haryana High Court recently dismissed a petition filed by a Gram Panchayat against the direction of the Collector of the revenue district to construct a 'revenue rasta’ (revenue road) in the village.

The Gram Panchayat had alleged that the said rasta was not meant for the benefit of the entire villagers concerned, but was being constructed only for the personal benefit of one person. 

The division bench of Justice Sureshwar Thakur and Justice Kuldeep Tiwari, however, held that even if the said revenue rasta may serve only the interests of one person, the Gram Panchayat concerned, is under an obligation, to provide a revenue rasta to even a solitary villager.

"...the right to life, as enshrined in Article 21 of the Constitution of India, which but encompasses therein the duty of State, to purvey convenient accesses to even a singular homestead, so as to enable its inhabitant(s), that in case any emergent medical situation does arise, to thus through an able ambulance road being constructed, upto, even a solitary home of any villager concerned, hence thereby alleviating medical care rather can be purveyed at the medical centres concerned. Resultantly, thereby the said constitutional right to life, thus would become completely subserved," court observed. 

While taking note of the submission of the Gram Panchayat that the decision of the Collector of the revenue district was resisted, court said, "even if purportedly, only a single individual, may become benefitted from the construction of a revenue rasta, at the instance of the Collector of the revenue district concerned, yet the above is not a sufficient and well informed reason, for the Panchayat to yet, through a resolution, thus resist to make compliance with the orders of the Collector of the revenue district concerned, as thereby there would be breach of the mandate of right to life as enshrined in Article 21 of the Constitution of India".

Court stressed that the constitutional mandate of right to life, also encapsulates, the right to a road being constructed upto, the homestead of any citizen, thus for facilitating able ambulance services being purveyed to a citizen, thus requiring emergent medical aid.

FACTS:

Gram Panchayat Badaliyan filed a writ petition seeking a mandamus to the respondent(s) concerned, for the quashing of the order passed by the Collector of the revenue district concerned. 

The Gram Panchayat Badaliyan alleged that the Collector, while passing the order, had not borne in mind, the Resolution passed by it whereby it had shown its resistance to construct the rasta.

The Gram Panchayat further alleged that the rasta, which is proposed to be constructed, would subserve the estate-holders of Gram Panchayat Swar, and, would not subserve the estate-holders of Gram Panchayat Badaliyan.

However, the court found the petition completely frivolous petition and appeared to be generated by malafides. Accordingly, Court dismissed the petition while imposing cost of Rs.50,000 upon the Sarpanch of the Gram Panchayat concerned.

Case Title: GRAM PANCHAYAT BADALIYAN v. THE FINANCIAL COMMISSIONER TO GOVT. PUNJAB AND ORS.