KARTAR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) In the consolidation proceedings in village Mehlana, Tehsil and District Sonepat, which took place in the year 1954-55, a kacha path shown by letters 'A', 'B' and 'C' in site plan (Annexure P-1) was left for common use of the villagers. Petitioner's land is located in Killa Nos.66/14, 15, 17, 18 & 19 which abuts that path. As per case of the petitioner, in the year 1967, Public Works Department (B&R) constructed a metaled road through petitioner's land shown by letters 'D' to 'E' in the site plan (Annexure P-1), without payment of any compensation, in terms of provisions of Land Acquisition Act, 1984. In the year 2002, petitioner approached the authority exercising powers under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Act') with a prayer that the afore-stated path with letters 'A' to 'C' may be deleted and instead, the road shown by letters 'D' to 'E' in the site plan (Annexure P-1) be incorporated in the revenue record as path. On the petitioner's application, a report was called from the Assistant Director Consolidation, Haryana, and based thereon, Director Consolidation, Haryana, vide order dated 28.07.2003 (Annexure P-4), recommended cancellation of the aforesaid path bearing No.144, running from Killa No.66/15, 16, 17, 18 & 19. Respondent Nos.5 and 6 challenged the afore-stated order dated 28.07.2003 (Annexure P-4) before this Court by way of Civil Writ Petition No.14281 of 2003, 'Randhir Singh Vs. The Joint Secretary, Forest Department, Haryana and others', which was disposed of vide order dated 26.03.2007 (Annexure P-5), whereby order dated 28.07.2003 (Annexure P-4) was set aside and the matter was remitted to respondent No.1 to decide it afresh after hearing all the interested parties. In compliance of the said order, Director Consolidation, Haryana, vide order dated 13.01.2009 (Annexure P-8), rejected petitioner's claim for deletion of path No.144 by holding as under:-

(2.) To assail the aforesaid order dated 13.01.2009 (Annexure P-8), petitioner has invoked the provisions of Articles 226 and 227 of the Constitution of India by way of the instant Civil Writ Petition. We have heard learned counsel for the petitioner and have minutely examined the averments in the petition and documents annexed therewith.

(3.) It is argued by the learned counsel for the petitioner that Path No.144 has never been used by the residents of the village and the petitioner has been cultivating it for the last more than 45 years, whereas the road shown by letters 'D' to 'E' in the site plan (Annexure P-1) was constructed in the year 1967 by Public Works Department (B&R) without payment of any compensation to the petitioner and that the said road is being used as a path by the villagers/proprietors of the village since the day of its construction.