GURU SINGH SABHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Government of Haryana decided that the adjacent land/correctional area may be transferred to the occupants......" The petitioner-society which owns shops on a part of the land claims that it is the 'occupant' and is as such entitled to the allotment. Respondents No. 4 to 7 who are the tenants in the shops owned by the petitioner claim that they are in actual physical possession of the shops and are thus the 'occupants'. The controversy in the present case hinges around the exact import of the expression 'occupant'.

(2.) A few facts relevant for the decision of the controversy may be noticed. The petitioner is a society registered under the Societies Registration Act, 1860. It claims that plot No. 1-D/14 B.P. situate in New Industrial Township of Faridabad was gifted to it by Smt. Sheila Devi by a registered gift deed. It is claimed that the petitioner raised five shops on the said plot. It is claimed that a strip of land measuring 60' X 15' belonging to the Rehabilitation Department which is adjacent to the plot No. 1-D/15 B.P., is also under the occupation of the petitioner. In fact the shops are said to have been constructed on the plot belonging to the petitioner and partly on the adjacent area under its occupation but belonging to the Rehabilitation Department. In addition to the area covered under the shops, an area of 13' X 6' is said to have been retained by the petitioner as a passage. These shops are said to have been let out to respondents Nos. 4 to 7.

(3.) In the year 1984, the Government of Haryana in the Rehabilitation Department took a decision with regard to the disposal of adjacent land/correctional area. This policy decision is embodied in the order dated February 28, 1984, a copy of which has been appended as Annexure P-1. The petitioner claims that being the occupant of the area, it was entitled to the allotment by transfer of the said area. It claims to have made a number of representations for the allotment of the area, copies of two such representations have been appended as Annexures P-2 and P-3. In the meantime, respondents No. 4 to 7 claiming to be the occupants of the land in question represented to the State of Haryana that the land should be allotted to them. Vide orders dated June 24, 1987 (Annexure P-5), respondent No. 1 directed respondent No. 3 that Tahsildar (Sales) should allot area measuring 40' X 15' "by transfer to the actual occupants in accordance with the policy of Government." The Gurdwara Management is not entitled to get this land transferred. The land measuring 13.6x15 which is being used by Gurdwara as approach may be transferred to the Gurdwara Management at the rates to be fixed by Government. Similarly, the land measuring 40'x15' which is also a Government property and which is under occupation of certain persons may also be disposed of in accordance with the policy of the Government. This order has been challenged by the petitioner through the present petition.