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2017 Supreme(P&H) 2295
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
S.S. Saron, Avneesh Jhingan, JJ.
M/s Rathore Promoters and Developers Pvt. Ltd. and another - Petitioners
Vs.
State of Haryana and others - Respondents
CWP No.9279 of 2016 (O & M)
Decided On : 22-08-2017
Advocate Appeared:
For the Petitioners:Mr. Ashish Chopra, Advocate
For the Respondents:Mr. Ashok Singla, Addl. A.G., Mr. Lokesh Sinhal, Advocate
Headnote:
LAND DISPUTE - LAND ACQUISITION - Punjab Village Common Lands (Regulation) Act, 1961 - Haryana Municipal Corporation Act, 1994 - Section 408-A (1) (b) - Section 2 (g) - Section 45 - [SUMMARY]
Fact of the Case:
The petitioners sought restoration of the status quo ante and/or rectification of the land records of the lands/ area owned and possessed by them situated in the revenue estate of Gawal Pahari, Tehsil Sohna, District Gurgaon. The dispute related to the land measuring 3717 kanals 1 marla, which is subject matter of mutation No.3110. The land measuring 108 kanals 1 marla of which the petitioners now claim ownership is part of the aforesaid land measuring 3717 kanals 1 marla. The petitioners claimed ownership of the land measuring 108 kanals 1 marla in the revenue estate of Gawal Pahari, Tehsil Sohna, District Gurgaon. The said land measuring 108 kanals 1 marla is said to be part of the 'shamlat deh' land measuring 3717 kanals 1 marla in village Gawal Pahari, Tehsil Sohna, District Gurugram.
Finding of the Court:
The Court found that the dispute related to the ownership and possession of the land measuring 108 kanals 1 marla, which is part of the 'shamlat deh' land measuring 3717 kanals 1 marla in village Gawal Pahari, Tehsil Sohna, District Gurugram. The Court held that the parties should avail their remedies in the Civil Court and till such time the Civil suit is filed and is disposed of, the parties shall maintain status-quo with respect to the land measuring 108 kanals 1 marla. Status-quo shall be maintained in relation to alienation, construction, possession or change of nature of the land.
Issues: Ownership and possession of the land measuring 108 kanals 1 marla, dispute related to the land measuring 3717 kanals 1 marla, mutation entries, and the applicability of the Punjab Village Common Lands (Regulation) Act, 1961 and the Haryana Municipal Corporation Act, 1994.
Ratio Decidendi: The Court held that the parties should avail their remedies in the Civil Court and till such time the Civil suit is filed and is disposed of, the parties shall maintain status-quo with respect to the land measuring 108 kanals 1 marla. Status-quo shall be maintained in relation to alienation, construction, possession or change of nature of the land.
Final Decision: The writ petition is disposed of leaving the parties to avail their remedies in the Civil Court. Till such time the Civil suit is filed and is disposed of, the parties shall maintain status-quo with respect to the land measuring 108 kanals 1 marla. Status-quo shall be maintained in relation to alienation, construction, possession or change of nature of the land.
S.S. SARON, J.
1. The petitioners-M/s Rathore Promoters and Developers Pvt. Ltd. and another have filed the present petition under Articles 226/227 of the Constitution of India seeking restoration of the status quo ante and/or rectification of the land records of the lands/ area owned and possessed by the petitioners situated in the revenue estate of Gawal Pahari, Tehsil Sohna, District Gurgaon in accordance with and in compliance to the orders dated 15.09.2014 and 21.10.2015 passed by the learned Financial Commissioner; besides, also restoration of mutation No.3114 sanctioned in favour of the petitioner No.1 M/s Rathore Promoters and Developers.
2. A further prayer has been made seeking quashing of the show cause notice dated 03.02.2017 (Annexure P-16) issued by the Municipal Corporation, Gurugram under Section 408-A (1) (b) of the Haryana Municipal Corporation Act, 1994 ('MC Act' - for short) whereby it is alleged that M/s Rathore Promoters and Developers Pvt. Ltd. are in unauthorized occupation of the land measuring 108 kanals 3 marlas as detailed in the said notice in village Gawal Pahari, located within the limits of Municipal Corporation, Gurugram. The unauthorized occupation and illegal construction upon the above mentioned land under the ownership of the Municipal Corporation, Gurugram, it is stated, is in contravention of the provisions of Section 408-A (1) (b) of the MC Act.
3. A still further prayer has been made seeking quashing of the interim order dated 23.02.2017 (Annexure P-15) passed by the Commissioner, Gurugram Division, Gurugram granting stay the operation of the order dated 02.01.2017 passed by the District Collector, Gurgaon by which mutation No.3249 sanctioned on 18.12.2015 has been held to be ab initio void on the representation of M/s Metro Valley Business Park Pvt. Ltd. which was sent by the Chief Secretary, Haryana.
4. It is further prayed that the Municipal Corporation, Gurugram be directed not to take any steps of getting any mutation recorded in the revenue records which may be prejudicial to the rights and interests of the petitioners in the land owned and possessed by it situated in Gawal Pahari, Tehsil Sohna, Gurugram.
5. The petitioners claim ownership of the land measuring 108 kanals 1 marla in the revenue estate of Gawal Pahari, Tehsil Sohna, District Gurgaon as detailed in para 4 of the petition. The said land measuring 108 kanals 1 marla is said to be part of the 'shamlat deh' land measuring 3717 kanals 1 marla in village Gawal Pahari, Tehsil Sohna, District Gurugram. The total shamlat land in village Gawal Pahari measures 6145 kanals 4 marlas. The dispute now is between the Municipal Corporation, Gurugram and several other land owners including the petitioners who claim ownership of various parcels of lands and it relates to the land measuring 3717 kanals 1 marla, which is subject matter of mutation No.3110. The land measuring 108 kanals 1 marla of which the petitioners now claim ownership is part of the aforesaid land measuring 3717 kanals 1 marla.
6. M/s Rathore Promoters and Developers Pvt. Ltd.-petitioner is engaged in the business of developing real estate, land developments, building and construction; besides, other related activities. D.P.S. Rathore (Petitioner No.2) is an authorized signatory of M/s Rathore Promoters and Developers Pvt. Ltd. (petitioner No.1). The land measuring 108 kanals 1 marla, the ownership of which is now claimed by petitioner No.1 was earlier owned by an entity by the name of R.K. Towers India Private Ltd. The ownership of said M/s R.K. Towers India Private Ltd. was recorded in the revenue records. The Bank of Baroda advanced a loan to one entity by the name of United Soya Products. M/s R.K. Towers India Private Ltd. offered security of the land in question measuring 108 kanals 1 marla as a collateral to secure the repayment of the said loan taken by the United Soya Products. There was a default by the borrower M/s United Soya Products. The Bank of Baro
