GOPAL KRISHAN Vs. MUNICIPAL COUNCIL NARNAUL

JUDGEMENT

(1.) The question involved in this case is as to whether the Deputy Commissioner has the jurisdiction to hear the objections much less the appeal preferred either by any individual or by the Municipal Committee after the publication of the Final Plans under the Haryana Municipal Khasra and Town Plan Rules 1976?

(2.) In brief, the Haryana Municipal Khasra and Town Plan Rules 1976 (for short 'the Rules') were published by way of a notification issued by the Government of Haryana in 1976. As per these rules, every Municipal Committee in the State of Haryana was required to prepare an accurate plan of the Municipality showing all the public streets and other immovable properties vested in the Municipal Committee within six months of the coming into force of these Rules. The Khasra Town Plan of the Municipal Council, Narnaul was prepared in which Khasra No. 6614 was shown under the ownership of the appellant. The said Khasra Town Plan was ultimately published by the Deputy Commissioner, Mohindergarh at Narnaul on 11.07.2006. After the publication, the Municipal Council, Narnaul filed an appeal to challenge the order dated 17.02.2006, purported to have been passed by the Sub Divisional Officer (Civil) Narnaul as the Revising Authority, claiming therein that the land falling in Khasra No. 6614 has been wrongly mentioned in the name of the present appellant otherwise it vests in the Municipal Council. The said appeal was allowed on 1st April, 2009 by the Deputy Commissioner, Narnaul in terms of Rule 11 of the Rules and ordered that the disputed Khasra No. 6614 be recorded in the name of the Municipal Council, Narnaul.

(3.) The appellants, under a wrong advise, challenged the order dated 1st April, 2009 passed by the Deputy Commissioner Narnaul by way of an appeal before the Commissioner, Gurgaon Division, Gurgaon, which was dismissed on 10th February, 2012 on the ground of lack jurisdiction.