B L WADHERA Vs. UNION OF INDIA

JUDGEMENT

(1.) The respondent No. 7, who is admittedly a leader of national stature, a reputed Member of Parliament for years and a former Prime Minister of the country is accused of usurping about 600 acres of land in Village Bhondsi of the State of Haryana by manipulations and resort to exercise of his political influence. Moved by an article "Lord of the Land" published in India Today of 18th January, 1999, the petitioner approached this Court by filing a writ petition in public interest, praying this Court to take cognizance of the matter and issue appropriate directions against the aforesaid respondent commanding him to vacate the land allegedly grabbed by him by handing over its possession to the Gram Panchayat of Bhondsi. It has been further prayed that as the respondent has committed cognizable offences, a direction be issued for commencement of the proceedings against the Trust of which he is the Chairman. It is submitted that the conferment of largesse upon the aforesaid respondent is against the provisions of the Punjab Village Common Lands (Regulations) Act, 1961, the Rules made thereunder, Indian Forest Act and the Forest Conservation Act, 1980.

(2.) In the article "Lord of the Land" published in India Today, it was stated that after the respondent No. 7 completed his so-called Bharat Yatra, in 1983, he formed the Trust known as "Bharat Yatra Kendra" (hereinafter referred to as "BYK") of which he himself is the Chairman and manipulated the passing of Resolutions by the Gram Panchayat of Bhondsi resolving to gift him State forest land measuring about 600 acres. The land was donated for purposes not contemplated under the statute. It was further alleged that the respondent no. 7 had encroached upon 10 acres of land belonging to the Border Security Force. Instead of constructing the Hospital and the Polytechnic for women, for which the land was apparently donated, the respondent No.7 built a sprawling farm-house where he used to retire for weekends even when he was the Prime Minister. When 10 acres of land bordering one end of the Firing Range of the BSF was occupied by the respondent No. 7, complaints are alleged to have been despatched vide letter dated 9.4.1990 and matter brought to the notice of the Gurgaon District Commissioner on 20.11.1990. No action was taken. 500 acres of land which was apparently given to BYK for greening of Aravallis was fenced by the respondent No.7 as if it was a private property. The conditions incorporated in the Resolution of the Gram Panchayat, the order of approval by the Government and the terms of the Gift Deeds were alleged to have been violated. The article concluded with the observations, "It seems that Bhondsi will never get back its 600 acres. The Haryana Government doesn't seem perturbed. The Union Government too hasn't responded despite repeated letters from the BSF. Perhaps that's why Chandra Shekhar too is not bothered. He wasn't then and he isn't now".

(3.) Based upon information, as disclosed in the article published in India Today, the petitioner moved this Court alleging that Bhondsi Gram Panchayat, by a Resolution, gifted 33 acres of Gram Panchayat land to respondent No.7 for construction of a Hospital which was endorsed by the Haryana Government on 22nd March, 1984. At that time Shri Chander Shekhar was a Member of Parliament. Another 19 acres of land was donated by the said Gram Panchayat to the respondent No.7 in the year 1990 by its Resolution No. 55 which was endorsed by Haryana Government on 28th June, 1990. After Shri Chander Shekhar became the Prime Minister of India on 10th November, 1990, the Gram Panchayat passed another Resolution within 24 hours of his becoming the Prime Minister gifting another 16 acres of Gram Panchayat land to respondent No. 7. The stated purpose of for which the land stood donated was for building Hospital and a Polytechnic for women. Instead of Hospital and Polytechnic, the respondent No. 7 is alleged to have constructed a sprawling farm-house where 35 cows yielding 83 litres of milk everyday are kept. A multi-storeyed Conference Complex, a guest house and a temple are stated to have been built on the said land. Allegations regarding encroachment of the BSF land, as mentioned in the article published in India Today, were repeated. As neither the Central Government, nor the State Government had taken any action, the petitioner moved this Court. It is alleged that the value of the land, under the occupation of the respondent No. 7, is about 12 crores. 500 acres of land, which was given to the Trust for greening of Aravalli Hills, is stated to have been occupied by respondent No. 7 by fencing it from all sides.