BELIVERS CHURCH Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) CM No.2066/2018 has been moved on 8/2/2019 under Order 39 Rules 1 and 2 CPC by the applicant/petitioner for restraining the respondent authorities from dispossessing the peaceful possession of the applicant/petitioner or altering its nature in any manner during the pendency of the petition.

(2.) Petitioner-Believers Church,Dhumaspur,Gurgaon by way of present writ petition under Articles 226/227 of the Constitution is seeking quashing of the impugned order dtd. 31/10/2017 (P-5) passed by Divisional Commissioner,Gurugram-respondent no.1 whereby earlier order dtd. 29/3/2016 (P-3) passed under Sec. 42 of East Punjab Holdings (Consolidation and Prevention of Fragmentation)Act,1948 (for short the 1948 Act) permitting exchange of land was reviewed by him at the behest of respondent no.2-Zila Parishad,Gurugram without issuing any notice to the petitioner and allegedly without possessing any power of Review under the 1948 Act. Further prayer was to stay the operation of impugned order P-5.

(3.) Briefly noticed the facts of the instant petition are that petitioner is running an Eastern Tradition Church and Kindergarten School (upto 4th Class) under the name and style of "St. Johannes School" having purchased land measuring 15.5. acres in Village Dhumshpur and 14.5 acres in Village Bhondsi from M/s Proagro Seed Company Ltd., after obtaining CLU from Government of Haryana. It is averred that a defunct Baoli (source of water) in dilapidated/defunct condition existed in khasra no.246 in the middle of the land owned by the petitioner which was not being used 2 of 9 by General Public. The said defunct Baoli, surrounded by weeds etc. became a breeding ground for reptiles and animals thereby causing hindrance and obstruction in the smooth running of the School and posing a danger to children.