JITENDER RATHEE Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners have approached this Court under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari/prohibition/mandamus or any other appropriate writ, order or direction for declaring the amended provisions of Haryana Municipal (Amendment) Act, 1999 to be ultra vires and violative of Articles 31-A of the Constitution of India as the aforementioned amendment infringes their fundamental rights and also for quashing the order dtd. 29/9/2000 (Annexure P-5), whereby Assistant Collector 2nd Grade changed the ownership of Shamlat Panna Raman Urf 5 Biswas Hasab Rasad Arazi Khewat from the name of Panchayat to Municipal Council, Bahadurgarh.

(2.) It has been averred in the petition that the petitioners are claiming to be in possession of land measuring 5 Biswa Pakka, i.e., 750 sq. yards (Gair Mumkin) in the revenue estate of Bhadurgarh, therefore, they are the co-sharers/proprietors of Shamlat Pana Raman Urf 5 Biswa Hasab Rasad Arazi Khewat. In column No.4 of jamabandi Annexure P-1, it has been described that the land belongs to Shamlat Pana Raman Urf 5 Biswa Hasab Rasad Arazi Khewat and in column No.5, the name of the grandfather of the petitioners has been mentioned as Hissedar, whereas in column No.10, they are shown to be in possession of the land. After the death of grand-father of the petitioners, the suit land was distributed between the legal representatives of Hari Singh including the father of the petitioners and thereafter all the legal representatives suffered a decree in favour of the petitioners giving their share to them, which they inherited from their father Hari Singh, thus, the petitioners are stated to be in possession of land measuring 750 sq.yards since 1969 till today. They have also constructed shops on the site after approval of the site plan.

(3.) It has also been averred that in the year 1974, vide Act No.15 of 1974, amendment was caused in Haryana Municipal Act naming it as Haryana Municipal Common Lands (Regulation) Act (15) of 1974. In pursuance of the aforementioned amendment, the land of Shamlat Pana Raman was mutated in the name of Municipal Council, Bahadurgarh. The said amendment was challenged by filing Civil Writ Petition No.2018 of 1974 which was decided by Full Bench of this Court on 28/3/1979 striking down the provisions being unconstitutional. The applicability of Article 31 A (1)(a) of the Constitution was held to be not applicable in the absence of two tests, i.e., amendment should be definitely directed to agrarian reforms simplicitor and secondly it should be made for ancillary purpose of development of rural economy. It was further held that the aforementioned amended Act violates Article 31-A of the Constitution as it intends to acquire the land of the proprietors without payment of compensation. After the decision of the aforementioned writ petition, the mutations already entered in the name of Municipal Council in respect of Shamlat Panna lands were again corrected in the name of Shamlat Panna.