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2013 Supreme(P&H) 781

IN THE HIGH COURT OF PUNJAB AND HARYANA
The Hon’ble Mr. Justice Jasbir Singh AND The Hon’ble Mr. Justice G.S. Sandhawalia
CWP No. 2930 of 2012
Zenith Realtech Pvt. Ltd.
v.
State of Haryana & Ors.
{Decided on 13/08/2013}

Advocates:
For the Petitioner:Mr. Shailendra Jain, Advocate.
Mr. D. Khanna, Addl. A.G., Haryana.
For the Respondent No. 7:Mr. Ashish Aggarwal, Sr. Advocate with Mr. Kartik Gupta, Advocate.

Headnote:Mutation--Wrong Entry in Mutation--Does not create any rights.

       Punjab Village Common Lands (Regulation) Act, 1961, S.13-A--Question of Title--Wrong Entry in Mutation--Does not create any rights--Held; Merely because a wrong entry had been mutated in favour of the right holders, would not given them any right to contend that subsequently they had a right in the land and even the Consolidation Authorities had shown a share in their favour. (Para 11)

       In the case in hand, issue of ownership had already been decided in favour of the Gram Panchayat vide order dated 23.07.1992 and thus, there was no occasion for the mutation to be entered in favour of the right holders, which was wrongly done by the Revenue Authorities--In the case before the Assistant Collector, the challenge by the right holders was to the mutation number which had already been entered on 14.04.1982, much prior to the amendment made in 1992 Act which was the subject matter before the Full Bench--This would be clear from the reading of the order of the Assistant Collector dated 03.3.1987 which was initially set aside.

       

JUDGMENT

Mr. G.S. Sandhawalia, J.:- The present judgment shall dispose of three writ petitions i.e. CWP Nos. 2930, 7103 and 18218 of 2012 since issues are common in all the three cases. The facts are being taken from CWP No. 2930 of 2012, Zenith Realtech Pvt. Ltd. vs. State of Haryana and others.

2. The challenge in the present writ petition is to order dated 04.08.2011 (Annexure P-13), which has been issued on behalf of the Commissioner, Gurgaon Division, Gurgaon (respondent no. 2), directing the Revenue Authorities to act upon order dated 23.07.1992 and the subsequent Mutation No. 1090 dated 27.08.2011 sanctioned on the basis of the said directions whereby, the land in dispute has been shown to be Gram Panchayat Deh land. Further prayer made is for restoring Mutation Nos. 515 and 543 dated 22.12.2004 wherein, the Consolidation Authorities and Revenue Authorities had held the proprietors to be owners in possession and accordingly not to dispossess the petitioner and to allot land as prescribed in the Hakdarwar and in the Land Pass Book.

3. The short question that arises in these set of writ petitions is basically as to whether order dated 23.07.1992 passed by respondent no. 2 wherein, he had allowed the revision of the respondent no. 7-Gram Panchayat and held that the land vests in the Gram Panchayat has become final or not.

4. The pleadings of the petitioner would go on to show that 16 proprietors of village Nainwal had filed a suit under Section 13A of the Punjab Village Common Lands (Regulation) Act, 1961 (as applicable to Haryana) (for short ‘the Act’) claiming title in the land and taking the plea that the land measuring 1252 bighas and 4 biswas was wrongly shown as Panchayat Deh on 28.04.1982. It was pleaded that mutation of transfer of ownership has wrongly been done without intimating the said persons and the land had been shown as Gram Panchayat Deh. The possession was stated to be of the proprietors, though the area was described as “Banjar Qadim” and much of the land was “Gair Mumkin Pahar” or “Gair Mumkin Nala”. It was further pleaded that the land in dispute was never used for common purposes and the defendant-Gram Panchayat had no link or concern with it. Accordingly, the entry of 14.04.1982 in the revenue record was challenged. The Assistant Collector came to the conclusion that the plaintiffs have succeeded in proving issue no. 1 in their favour regarding the vesting of the land and decreed the claim of the right holders. As per the pleadings, it is alleged that during the pendency of the proceedings before the Assistant Collector, notification under Land Acquisition Act, 1894 had been issued for acquiring land measuring 370 acres 5 kanals and 15 marlas and an award was pronounced on 22.06.1985 and compensation was paid to the proprietors of the land. A revision was filed against the order dated 03.03.1987 (Annexure P-1) by the Gram Panchayat and respondent no. 2 allowed the same on 23.07.1992 (Annexure P-3) by holding that the land vested in the Gram Panchayat on the basis of the Sharat Wazibul Arz. The right holders filed CWP No. 15619 of 1992 challenging the order of respondent no. 2. The said writ petition was disposed of on 13.03.2003 by the Full Bench of this Court alongwith the bunch of cases pertaining to CWP No. 5877 of 1992 decided on the same date titled as Jai Singh and others vs. State of Haryana. Thereafter, on 22.12.1994, Mutation Nos. 515 and 543 were entered in favour of the right holders allegedly on the basis of the orders passed by the Full Bench and in pursuance to the orders passed in CWP No. 15619 of 1992. The petitioner purchased 58 bighas, 12 biswas and 1 biswani from M/s. Spring Farms Pvt. Ltd. vide registered sale deed on 25.06.2009 (Annexure P-7) and on the basis of the said sale deed, mutation was entered on 10.07.2009 in their favour. It was further pleaded that thereafter consolidation proceedings under The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act,


























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