[Panchayati Raj Act] Prior Consultation With Panchayat Not Mandatory For Setting Up Govt Development Projects: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has ruled that the absence of prior consultation with the Halqa Panchayat in issuing a tender for the construction of Veterinary and Sheep Extension Centres does not violate the J&K Panchayati Raj Act, 1989, nor does it render the tendering process illegal.

A bench of Justice Wasim Sadiq Nargal observed that although the Panchayati Raj Act envisions local governance and community participation, no statutory provision mandates prior consultation with Panchayats in all government development projects, especially those undertaken on state land with executive funding.

“The petitioner has not pointed to any provision in the 1989 Act that expressly mandates consultation with the Panchayat prior to issuing tenders for such public works,” the Court noted.

The case pertained to a government-funded project for establishing veterinary and sheep welfare infrastructure on land classified as "Sarkar" (state-owned), and not vested in the Panchayat under Section 4 of the Act. The petitioner alleged that bypassing the Panchayat in the process contravened decentralization norms.

However, the Court underscored that the Panchayat's role, while significant, is not veto-wielding, unless clearly empowered by law.

Citing the Supreme Court's ruling in Municipal Council, Ratlam v. Vardichan [(1980) 4 SCC 162], the judgment reaffirmed that decentralisation and executive autonomy must be harmonised:

“Democratic engagement through local institutions is vital, but unless codified as part of statutory procedure, lack of such engagement cannot ipso facto vitiate executive action.”

The Court also drew support from a previous J&K High Court ruling in Prithpal Singh v. State of J&K, which emphasised that technical and financial complexities involved in tender processes for infrastructure projects cannot be managed by Halqa Panchayats alone due to a lack of technical expertise.

Ultimately, the Court concluded that “the absence of formal consultation with the Panchayat does not amount to a breach of the Panchayati Raj Act… At best, it may constitute a missed opportunity for coordination, but it does not, in and of itself, vitiate the legality of the tendering process.”

APPEARANCE:

Case-Title: Panchayat Halqa Tappar Pattan, Baramulla Vs Union Territory of Jammu and Kashmir & Ors. , 2025

Asif Bhat, Advocate with Ms. Azra Bhat, Advocate for petitioner

Faheem Nisar Shah,GA For Respondent

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