K.P. SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India, with a prayer that order dated 07.04.2002 (Annexure P-7) passed by the Commissioner and Secretary to Government of Haryana, Department of Rehabilitation, be quashed. Facts and circumstances necessary for disposal of the writ petition may be noticed in the first instance.

(2.) Ministry of Rehabilitation (for short referred to as 'Ministry') came into being in the year 1947 with a view to work for resettlement of the persons who had migrated from Pakistan after unfortunate partition of the country. The Ministry acquired about 6000 acres of rugged land on the eastern periphery of Delhi (now falling in the territory of State of Haryana) and set up a resettlement colony named New Industrial Township (NIT), Faridabad. After substantial work of rehabilitation was completed by the Ministry by the year 1981, Government of India, under an Administrative and Financial Arrangement, contained in memorandum dated 31.03.1981, transferred the residuary lands and properties in NIT Faridabad to Government of Haryana, against payment, for disposal under The Displaced Persons (Compensation and Rehabilitation) Act (No. XLIV of 1954) (here-in-after referred to as 'the 1954 Act'). Government of Haryana managed/disposed of those lands/properties by issuing policy letters, called press notes, from time to time.

(3.) In response to one such press note dated 11.07.1988 (Annexure P1), petitioner, along with other persons, submitted his application dated 02.01.1989 before the Tehsildar (Sales), Faridabad for transfer of site No. 3-G/195-A, NIT Faridabad, measuring 400 sq. yds. (here-in-after referred to as 'the disputed site'), in his favour stating that he had been in possession of the disputed site for long and had been using it for residential purposes.