JASWANT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner-Jaswant has filed the present petition for issuance of a writ in the nature of prohibition restraining the respondents to further demolish his house constructed over the agriculture land owned/possessed by him falling in KHEWAT NO.42, KHASRA NO.68//21/2/2 (5K-19M) AND 22/1MIN (3K-18M), 69//25/3/2 MIN (2K-18M) AND 83//5/2/1 MIN (0K-8M) in the revenue estate of Village Jai Jaiwanti, Tehsil Julana, District Jind in pursuance of order dated 14.09.2018 (Annexure P-9) as well as Show Cause Notice dated 14.08.2018 (Annexure P-8).

(2.) In response to show cause notice, the petitioner submitted a letter with a request seeking three months' time for removal of unauthorized construction. Thereafter, vide letter dated 14.09.2018, again an order was passed to restore the land within a period of seven days, failing which construction would be demolished. An FIR was registered against him as he did not remove the unauthorised construction. Ultimately, the police personnel carried out demolition over the land belonging to the petitioner except his residential house.

(3.) Learned counsel for the petitioner submits that the action of the respondent authorities is without any application of mind and the same has been taken with MALA FIDE intention. All documents were submitted by the petitioner as required by the respondent authority but still, the same were not considered. Some construction raised by the petitioner was demolished and he was threatened to demolish his residential house. The petitioner applied for the requisite access permission for direct access from NH-365, which is still pending. At the end, learned counsel for the petitioner submits that the respondent authorities may be restrained from demolishing the house of the petitioner constructed over the agriculture land.