IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
S.S. SARON, AVNEESH JHINGAN, JJ.
Harinder Dhingra - Petitioner
Vs.
State of Haryana and others - Respondents
CWP No.7112 of 2017 (O & M)
Decided On : 10-08-2017
PIL - Land Dispute - Haryana Municipal Corporation Act, 1994, Section 408-A - Punjab Land Revenue Act, 1887, Section 45
Fact of the Case:
The petitioner sought directions for an investigation into a land mutation scam and the transfer of land from Gram Panchayat to Municipal Corporation. The respondent, M/s Metro Valley Business Park Pvt. Ltd., had filed a civil suit related to the same land.
Finding of the Court:
The court held that a PIL is not maintainable when civil suits are pending, and the appropriate remedy for disputes related to revenue entries and mutations is through civil suits. The court directed expeditious consideration of the civil suits and maintenance of status quo regarding the land.
Issues: Maintainability of PIL when civil suits are pending, jurisdiction of Civil Court for revenue record correction and title determination.
Ratio Decidendi: Civil suits are the proper remedy for disputes related to revenue entries and mutations. Mutation in revenue records does not create or extinguish title to the property.
Final Decision: The writ petition was disposed of, directing expeditious consideration of the civil suits and maintenance of status quo regarding the land.
S.S. SARON, J.
1. Mr. M.L. Sarin, Senior Advocate with Mr. Vikas Suri, Advocate appearing for respondent No.4 M/s Metro Valley Business Park Pvt. Ltd. has submitted a photostat copy of the order dated 26.05.2017 passed by the learned District Judge, Gurugram. In terms of the said order, the learned District Judge has transferred 120 civil suits pending in three different Courts at Sohna to the Court of Civil Judge, Gurugram on the ground that all the suits pertain to the land of village Gwal Pahari and in almost all the suits, the Municipal Corporation, Gurugram had issued notices under Section 408-A of the Haryana Municipal Corporation Act, 1994 which had been challenged by the plaintiffs of the said suits on the grounds of title.
2. Mr. Sarin, learned Senior Advocate submits that the issues raised in the present petition are in fact already subject matter of the Civil Court and that respondent No.4 has also filed a civil suit, which finds a mention at serial No.116 of the order that has been submitted.
3. The order dated 26.05.2017 passed by the learned District Judge, Gurugram on an application filed under Section 24 of the Code of Civil Procedure for withdrawing civil suits pending in different Courts and transferring them to the Courts of Civil Judges at Gurugram, is taken on record and marked as Mark 'X'.
4. The petition has been filed in the nature of a public interest litigation under Articles 226/227 of the Constitution of India seeking directions for handing over the enquiry/investigation as ordered by Shri Y.S. Malik, the then Additional Chief Secretary and Financial Commissioner, Revenue, Haryana vide order dated 15.09.2014 (Annexure P-23) in the matter of sanction of mutation No.3110 dated 02.07.2012 in respect of land measuring 3717 kanals and 1 marla, which earlier vested in the Gram Panchayat, Gwal Pahari, since the year 1940-41 and which now vests in the Municipal Corporation, Gurgaon by virtue of notification dated 20.03.2010 (Annexure P-15) to the Central Bureau of Investigation, so that all those found guilty of various acts of omission and commission in the aforesaid land scam including the Revenue officials/officers and Bureaucrats and even politicians by their inaction, action by passing orders without authority of law and jurisdiction and illegally interfering at the instance/behest of builders/property dealers are brought under the purview of the said enquiry/investigation. A further prayer has been made for designating a Financial Commissioner, duly competent, to decide the issue of mutation in respect of the land of erstwhile Gram Panchayat Gwal Pahari which now vests with the Municipal Corporation, Gurugram by virtue of notification dated 20.03.2010 (Annexure P-15), as the order dated 15.09.2014 (Annexure P-23) passed by Sh. Y.S. Malik, Addl. Chief Secretary and Financial Commissioner Revenue, Haryana is without jurisdiction and as such nonest in law being coram non judice.
5. At the time of motion hearing of the case on 04.05.2017, it was inter alia observed that it is accepted position that the land now vests with the Municipal Corporation, Gurugram since 2010 with the enlargement of the area of the Municipal Corporation, Gurugram.
6. Shri. M.L. Sarin, Senior Advocate appearing with Mr. Vikas Suri, Advocate filed CM No.9767-CWP of 2017 for impleading the applicant M/s Metro Valley Business Park Pvt. Ltd. as respondent No.4. The said CM has been allowed vide order dated 09.08.2017. Arguments were heard in part also on the said date. According to respondent No.4 - M/s Metro Valley Business Park Pvt. Ltd. various documents have been placed on record from Anenxure A-1 to Annexure A-59. It has primarily been contended on the strength of the same that respondent No.4 - M/s Metro Valley Business Park Pvt. Ltd. has filed a civil suit for permanent injunction and declaration (Annexure A-58) on 14.12.2015. In the said suit, an interim injunction was granted by the learned Additional Civil Judge (Senior
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