RAVINDER Vs. COMMISSIONER HISAR, DIVISION HISAR

JUDGEMENT

(1.) All the twenty-five (25) above-captioned revision-petitions are being taken up together for discussion and adjudication as similar questions of law and facts are involved therein.

(2.) Bereft of the unnecessary details, the common facts, as culled out from the perusal of all the files and culminating in the filing of the present revision-petitions, are that the employees of the Animal Husbandry Department at Hisar, formed a Society named and styled as The Hisar Animal Husbandry Co-operative House Building Society Limited (for short 'the Society'), for the construction of their houses and then, the State Government allotted the land measuring 32 Acres 05 Kanais 03 Marlas to it (Society) for the afore-said purpose. The Society carved out the residential plots in this land and named the locality/Colony as Sunder Nagar and submitted its map/lay-out for seeking the necessary approval from the Municipal Committee, Hisar, wherein a strip of the land on the Northern boundary of the Colony, adjoining the National Highway No. 10, was shown to have been reserved for developing it as the green belt area, for being used as the Park and Temple by the residents of the Colony. However, some employees/officers of the Co-operative Societies Department allegedly converted the land, so reserved, into the plots and allotted the same to several persons, including the petitioners/their vendors. Then, the Municipal Corporation, Hisar, i.e respondent No.2, issued the notices to the petitioners under Ss. 250 and 261 of the Haryana Municipal Corporation Act, 1994, requiring them to remove the illegal construction as raised by them in the plots, comprised in the green belt area, without seeking/obtaining its approval and the petitioners filed Replies to the said notices but respondent No.2 again issued notices to them (petitioners) and they challenged the same before this Court by filing CWP No. 15110 of 2021 and CWP No. 15111 of 2021 and these Writ Petitions were decided on 31/8/2021 and 19/8/2021 vide orders Annexures P-20 and P-21, respectively and in compliance of the above-referred orders, respondent No.3 passed the orders on 26/4/2022, regarding the demolition of the construction raised on the afore-mentioned plots in the green belt area and feeling aggrieved therefrom, the petitioners filed the Appeals before respondent No.l. During the pendency of these Appeals, respondents No.6 and 7-applicants (here-in-after to be referred as 'the applicants') moved the applications under Order 1 Rule 10 read with Sec. 151 CPC with the prayer to implead them as the party therein, while averring that they were the members of the said Society and had, thus, direct interest in the land, as left for being developed as the green belt area but this land had, illegally, been converted into the plots and these plots had been allotted to several persons, including the petitioners, who had, unauthorisedly, raised the construction in the same and had been carrying on the commercial activities therein which had been causing a lot of air, water and noise pollution. The above-said applications have been allowed by respondent No.l (the Appellate Authority) vide the impugned orders, annexed as P-27 in all the revision-petitions.

(3.) I have heard learned counsel for the petitioners in the instant revision-petitions, at the preliminary stage and have also gone through the files carefully.