RAM KARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have challenged the order dtd. 7/8/2018 (Annexure P13) passed by the Deputy Commissioner, Sonepat (respondent No.2) whereby the application of the petitioners to purchase the disputed land has been rejected.

(2.) The Gram Panchayat, Village Ahulana, Tehsil Gohana, District Sonepat is stated to have filed an application for eviction of the petitioners from the 'abadi deh' land under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act'). The application was dismissed by the Assistant Collector 1st Grade, Gohana on 3/4/1979 (Annexure P1). The appeal preferred by the Gram Panchayat thereagainst was allowed by the Deputy Commissioner-cum-Collector vide order dtd. 23/9/1980 (Annexure P2). The writ petition bearing No.4334 of 1980 preferred by the petitioners against the order dtd. 23/9/1980 was also dismissed by this Court on 9/3/1994 (Annexure P3). The appeal, i.e. LPA No.1302 of 1994, preferred by the petitioners against the order dtd. 9/3/1994 was allowed by the Hon'ble Division Bench of this Court on 16/9/2004 and the case was remanded to the Collector, Sonepat with a direction to decide the appeal filed by the Gram Panchayat afresh after affording adequate opportunity of leading evidence and hearing both the parties. The Collector, Sonepat, vide order dtd. 4/1/2006, after hearing the parties, allowed the appeal of the Gram Panchayat and set aside the order dtd. 3/4/1979 (Annexure P1) passed by the Assistant Collector 1st Grade. The petitioners preferred CWP No.5744 of 2006 impugning the order dtd. 4/1/2006 which was disposed of by this Court with a direction that the petitioners may move an application to the Gram Panchayat for depositing the cost price of the disputed land in terms of the Haryana Government policy dtd. 16/10/2000 (Annexure P4) and the Gram Panchayat would consider the application of the petitioners in accordance with law and the policy/instructions and the competent authority (Deputy Commissioner) was directed to pass an order in accordance with law and policy thereafter. The petitioners are stated to have moved several applications to the authorities for consideration of their case in terms of the directions of the Court. They preferred representation dtd. 7/6/2018 (Annexure P11) to the Deputy Commissioner, Sonepat for favourable action in pursuance to the Haryana Government policy/instructions and to fix the sale price of the disputed land and grant of permission/approval for sale of the land which they were willing to purchase. They also sent a legal notice (Annexure P12) to the respondents on 14/6/2018 and on the failure of the respondents to take any action thereon, they preferred CWP No.16303 of 2018 and during the pendency of this petition, respondent No.2 passed the order dtd. 7/8/2018 (Annexure P13) impugned herein whereby the claim of the petitioners has been rejected on the ground that there is no constructed house on the disputed land and the Gram Panchayat does not want to sell the land in dispute.

(3.) Learned counsel for the petitioners has contended that the house of the petitioners has been constructed prior to 1970 which was in dilapidated condition as it could not be renovated due to continuous litigation and this construction was not disputed by the Gram Panchayat right from 1979 till 2009 when the order dtd. 26/5/2009 was passed. He also contended that the house of the petitioners is on 'abadi deh' land and, therefore, the Gram Panchayat is not entitled to evict the petitioners under the Act.