UDE RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition represents the fourth round of litigation. The entire dispute relates to the 20 square yards of land. The petitioner's effort before the State Govt. to secure the ownership of the land and to save the construction raised thereon having been rejected vide order dated December 30, 1991, a copy of which has been produced as Annexure P8, he has approached this Court through the present writ petition. A few facts may be noticed.

(2.) ON January 18, 1989, the Muncipal Committee, Charkhi Dadri (hereinafter to be referred to as the Committee) passed resolution No. 127 for selling the land behind Anaj Mandi and Kath Mandi @ Rs. 150/- per square yard. The Chief Executive Officer was, however, required to see as to how much land was to be sold "so that there be no obstruction for transport. . . ". Even before this resolution could be approved by the Deputy Commissioner, the petitioner deposited Rs. 4200/-with the Committee on February 6, 1989. However, it is the admitted position that the money was accepted by the Committee subject to the approval of the Haryana Govt. Before any approval could be obtained, the petitioner submitted a building plan on February 22, 1989. Curiously, it was sanctioned on the same day. On March 16, 1989, the petitioner started the construction. Vice letter of the even date the Committee directed-the petitioner to stop the construction "as per the orders of the Deputy Commissioner, Bhiwani. . . . . "on April 8, 1989, it revoked the sanction of the plan. On April 11, 1989, the petitioner instituted a suit for permanent injunction restraining the Committee from interfering with the possession of the land and construction thereon. Simultaneously, he submitted an application for the grant of a temporary injunction. The learned trial court granted injunction. The learned trial court granted temporary injunction to the petitioner which was confirmed on June 15, 1989. The Committee filed an appeal against the order of temporary injunction passed by the learned Subordinate Judge. On January 6, 1990, the Addl. District Judge accepted the appeal. A civil revision petition filed by the petitioner was dismissed by this Court on January 11, 1990. On March 19, 1990, the special Leave Petition No. 1694 of 1990, was dismissed as withdrawn as the learned counsel for the petitioner stated that "his appeal before the Govt. is pending. " On Sept. 15, 1989, the Deputy Commissioner, Bhiwani informed the Chief Executive Officer of the Committee that resolution dated January 18, 1989, is cancelled. In this letter, it was also observed that vide letters dated May 15, 1989, and August 23, 1989, the Committee was advised to cancel "the land sold" vide resolution dated January 18, 1989. The Committee was asked to explain its position in this behalf. A copy of this letter is at Annexure 3.

(3.) ON January 8, 1990, the Committee issued a notice under Section 235 of the Haryana Municipal Act, 1973, calling upon the petitioner to demolish the unauthorised construction. A copy of this notice is at Annexure P4. Aggrieved by this order, the petitioner filed an appeal revision before the Financial Commissioner Local Bodies, Haryana, on January 17, 1990. An application for interim stay was also filed. A copy of this petition is at Annexure P5, while that of the application for stay is at annexure P6 with the writ petition. Vide order dated January 19, 1990, (Annexure 7), the Financial Commissioner stayed the demolition of the construction. On July 25, 1991, the interim stay was vacated. The petitioner then filed C. W. P. No. 12039 of 1991 challenging the order by which the stay had been vacated. Vide order dated Augusts 1991, the appellate authority was directed to decide the matter expeditiously within 3 months and the writ petition was allowed. On Sept. 30, 1991, the revision petition filed by the petitioner the Financial Commissioner was dismissed. The petitioner then filed a Civil Writ Petition No. 15527 of 1991 challenging the order as being cryptic. Vide order dated December 2, 1991, the writ petition was allowed and the authority was directed to dispose of the matter by passing a speaking order. On December 30, 1991, the Commissioner and Secretary to Govt. Haryana, Local Govt. Department exercising the powers of the State Govt, under Section 253 of the Haryana Muncipal Act, 1973, dismissed the petition. A copy of this order has been produced as Annexure P8. Hence, this petition.