OM KANWAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have filed the present petition for issuance of a writ in the nature of certiorari to quash the notification No.LAC(G)NTLA-2013/1229 dated 06.02.2013 (Annexure P-10) under section 4 of the Land Acquisition Act, 1894 (for short the 1894 Act), the Notification No.LAC(G)NTLA-2013/ 2928 dated 27.12.2013 (Annexure P-11) under section 6 of the 1894 Act and notice dated 04.12.2015 (Annexure P-12) issued under section 9 of the 1894 Act and for issuance of a writ in the nature of mandamus directing the respondents not to interfere/demolish the residential houses of the petitioners over 100 square yards plots allotted/gifted to them.

(2.) The State of Haryana evolved policy called the Mahatma Gandhi Gramin Basti Yojna, as conveyed by the Financial Commissioner and Principal Secretary, Government of Haryana, Development and Panchayat Department to all the Deputy Commissioners in the State of Haryana vide letters No.S-1-2007/3864- 84 dated 01.02.2008, S-1-2008/16743-62 dated 29.05.2008, S-1- 2008/22073-92 dated 11.07.2008, S-1-2008/27469-489 dated 27.08.2008 and S-1-2008/30369-389 dated 25.09.2008, for allotment of 100 square yards plots to the persons belonging to the scheduled castes/backward classes/economically weaker sections residing in the villages for construction of their residential houses.

(3.) Respondent No.6-Gram Panchayat Dharampur, Block Gurgaon, Tehsil and District Gurgaon (which has been now re-named as Gurugram but for the sake of convenience is hereinafter referred to by its earlier name) passed resolution dated 18.02.2009 for gifting of 100 square yards plots as shown in rough site plan (Annexure P-2) under the Mahatma Gandhi Gramin Basti Yojna to the petitioners and other persons belonging to the scheduled castes/backward classes/economically weaker sections residing in the village for construction of their residential houses out of land comprised in rectangle No. 27, Khasra No. 6 (8-0), 7(8-0), 14(8-0) and 15(8-0) total measuring 32 Kanals 0 Marla situated within the revenue estate of the above said village which was owned by respondent No.6-Gram Panchayat as per jamabandi for the year 2008-2009 (Annexure P-3). On approval by Government, allotment letters were issued to the petitioners and other allottees by SDO (Civil) and respondent No.6- Gram Panchayat passed resolution No. 2 dated 08.08.2011 and executed and got registered gift deeds under Section 5-A of the Punjab Village Common Lands (Regulation) Act, 1961 (for short "the 1961 Act") in favour of the petitioners and other allottees and got the same registered by the Joint Sub-Registrar, Gurgaon in accordance with the provisions of the Registration Act , 1908. The mutations regarding the said gift deeds were also sanctioned in favour of the petitioners and other allottees.