VIJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for direction to the respondents to sell him land measuring 4330 Sq.Yards situated in municipal limits of Shahbad on the basis of a resolution dated 20.1.2003 on the ground that he is a lessee on the land, where he had raised construction after due sanction. As per the petitioner, his predecessors are in possession of this land since 25.7.1968 and if he is now evicted, he would suffer an irreparable loss.

(2.) On the face of it, it may sound a very attracted submission but deeper analysis would show that how efforts are being made to usurp a public property. May be the petitioner is in possession of this land, where he has raised the construction but it would be important to notice the manner in which the petitioner has come to acquire possession of this property.

(3.) The petitioner would claim that this land was leased to him vide resolution of the Municipal Committee and registered lease deed was executed on 18.4.1973 for a period of 99 years. The petitioner has constructed a cold storage, an ice factory and a Bank locker besides having constructed an industrial training institute and some shops. The respondents have issued notice to the petitioner on 13.2.1989, cancelling the lease. The petitioner was directed to restore the land within a period of five years. The petitioner filed a civil suit, but the same was dismissed on 26.10.1998, against which he filed an appeal. During this time, another resolution dated 20.1.2003 is passed by the Municipal Committee for selling this land to the petitioner at Collector's rate. The petitioner accordingly withdrew his appeal.