SURINDER BATRA ADVOCATE Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, an advocate, complains that the Papiha Tourist Complex of Fatehabad, has been arbitrarily and illegally converted into Deputy Commissioner's residence-cum-Camp Office. The petitioner further complains that a civil park measuring 6/7 acres of land which had been reserved for use by the residents of the area in the layout plan of the Model Town was transferred by the Municipal Committee to the Tourism Department. It was being maintained properly and used by the public. However, on the decision of the Government to constitute the Fatehabad District, the Deputy Commissioner has ploughed the entire park with the help of tractors and in the process has uprooted and destroyed the entire plantation in the area and has carved out fields for the purpose of sowing agricultural crops". The petitioner alleges that the conversion of a fully operational Tourist Complex into the Deputy Commissioner's residence-cum-Office has "caused huge loss to the publicex-chequer and great inconvenience to the public at large". He prays that a writ of mandamus be issued directing the respondents to restore the Tourist Complex and the park to the original position.

(2.) A Short written statement has been filed on behalf of the Secretary, Tourism Department, Government of Haryana, (Respondent No. 2 ). It has been averred that a piece of land "measuring seven acres of municipal park belonging to Municipal Committee, Fatehabad was transferred to Tourism Department by the Government. . . . . . . . . . vide its sanction dated 15. 6. 1992 for setting up a new Tourist Complex at Fatehabad. This land was transferred free of cost on the basis of the terms and conditions contained in Resolution No. 2, dated 3. 12. 1991, passed by the Municipal Committee, Fatehabad that Tourism Department would develop a beautiful park at its own cost on the remaining land after constructing the Tourist Complex. The Complex was constructed and commissioned in August, 1994. A park was also developed there as per terms and conditions of the Municipal Committee, Fatehabad," In July, 1997, the Government decided to make Fatehabad a new District Headquarter. Vide order dated July 11, 1997, it was decided that the "papiha Tourist Complex at Fatehabad be converted into Deputy Commissioner's residence-cum-Camp Office for the time being, for which necessary rent as assessed by P. W. D. (B & R) be paid to Haryana Tourism Corporation. " According to the decision of the Government, this is "a temporary measure till the construction of Deputy Commissioner's residence is completed. In compliance with the orders of the Government, the Corporation issued orders on July 16, 1997, for closing down the complex and handing over its possession to the District Administration "for the residence of Deputy Commissioner, Fatehabad". The Tourism Department will commence the functioning of the Complex again "as soon as the premises are handed back to it by the State Government. "

(3.) THE case had come up for hearing on September 26, 1997. The respondents were asked to "give details of the amount of expenditure incurred on converting/furnishing etc. for the Deputy Commissioner". Initially, it was sought to be represented on behalf of the respondents that an amount of Rs. 64,672.00 had been spent on "the conversion residence-cum-Camp Office. . . . . . " This was the expenditure on masonary, wood work and white washing etc. Another amount of Rs. 12,283. 75 had been spent on 'curtain cloth'. The Bench suspected that the respondents were withholding certain information. Consequently, the respondents were asked to furnish the complete details. The case was taken up on September 30, 1997. Therefore, a statement of the expenditure "on the purchase of furniture and fixtures upto now after creation of the district" was filed. According to this statement, an amount of Rs. 5,54,109. 05 had been spent on various items of furnitures and fixtures. Both these statements are on record as Mark 'a' and Mark 'b. In pursuance of the directions of the Bench, the Deputy Commissioner had also filed an affidavit to indicate that the various items were being used only in the office and not in the residential portion of the premises. Still, further in pursuance of the directions of the Bench, an affidavit of the Managing Director, Haryana Tourism Corporation was filed to indicate as to what had happened to the staff and the furniture which had been initially installed at the Complex. The affidavit was filed by Mr. Rajan Gupta, the Managing Director of the Corporation. It was stated that "the staff posted in the said Tourist Complex was shifted/transferred to other Tourist Complexes vide office orders dated 8. 7. 1997 and 15. 7. 1997. The "building of the said Tourist Complex alongwith some material was handed over to the Government on rent basis. The rent. . . . . . . . is being got assessed through the P. W. D. (B and R) Department, Haryana. A list of the material handed over to the Government alongwith the building is enclosed as Annexure R-4 with the affidavit. . . . . . . . . certain movable materials were also shifted to other Tourist Complexes. The details of which are attached as Annexure R. 5 with the affidavit. "