J&K High Court : No Mandatory Panchayat Consultation Needed for State-Funded Projects on Government Land

The Jammu & Kashmir and Ladakh High Court has ruled that state-funded projects on government-owned land do not require prior consultation with Halqa Panchayats.

The case involved issuing tenders for veterinary and sheep extension centers on land classified as “Sarkar” (state-owned). The bench noted that, while local participation is important, the Panchayati Raj Act does not explicitly mandate consultation in such cases.

Referring to Municipal Council, Ratlam v. Vardichan and Prithpal Singh v. State of J&K, the Court clarified that decentralisation principles must align with statutory and technical requirements.

The Court dismissed the petitioner’s claim, stating that a lack of consultation may be undesirable but does not render the tender process illegal.