The court emphasized that easementary rights must be respected in land use decisions and disputes regarding such rights require resolution through statutory processes rather than summary writ proceedings.

Judgment

Mr. Sureshwar Thakur, J.

Since all the writ petitions embody almost similar facts, as also similar causes of action. Moreover, when all the relief’s ventilated in all the writ petitions (supra), are directed against the grant of CLUs to the developer/builder concerned, in respect of revenue rastas or passages, whereons the petitioner(s) claim the exercisings of their easementary rights. Therefore, all the writ petitions are amenable for becoming decided through a common verdict.

Facts of CWP-6696-2019.

2. The petitioners claim to be the Khewatdars/proprietors of village Kansala, HB No. 157, Tehsil Majri, District SAS Nagar Mohali. Thereins are averred to exist, revenue rastas, as became carved from the khewats of the Khewatdars/petitioners, in the finalized consolidation scheme. The said revenue rastas are averred to be the only source to reach towards their respective fields. In the relevant revenue records, in the column of ownership thereof, the proprietors/Khewatdars of the village are recorded as Jumla Malkan Deegar Haqdaran Hasab Rasad Rakba Khewat, whereas, in the cultivation column, their possession as cultivators has been recorded. The developer/builder purchased some land from the respective owners in the aforesaid village, whereas, about 750 acres of land of the aforesaid village, is yet under the cultivation of the proprietors/Khewatdars of the village, and, whereins the said revenue rastas are averred to exist, for enabling the cultivators to access their fields.

3. The Chief Town Planner Punjab on the application of the private developer/builder vide memo No. 4063 dated 19.07.2013, issued license/permission, for change of land use, qua the residential Mega project in the aforesaid village but with a condition therein, that the revenue rastas/khals and pucca roads, if any, passing through the site, shall be kept un-obstructed. However, the official respondents in connivance with private developers concerned, while putting pressure on the Gram Panchayat, has passed the impugned decision dated 23.04.2018, as embodied in Annexure P-9, hence granting permission for transferring the land through a sale deed being executed qua the builder/developer, but without giving any notice to the lawful owners/petitioners/Khewatdars of the village (Supra).

4. The grievance of the petitioners, is that, the impugned decision dated 23.04.2018, as carried in Annexure P-9, is passed in contravention to the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and, the same deserves to be quashed and set aside.

Facts of CWP-6259-2019.

5. The petitioners are agriculturists, and, own about 20 acres of land in village Bharonjian, Sub Tehsil Majri, District SAS Nagar Mohali. Thereins are averred to exist, revenue rastas, as became carved from the khewats of the Khewatdars/petitioners, in the finalized consolidation scheme. The said revenue rastas are averred to be the only source to reach towards their respective fields. The private developer/builder purchased some land from the respective owners in the aforesaid village, whereas, about 20 acres of land of the aforesaid village is still under the cultivation of the proprietors/Khewatdars of the village, and, whereins the said revenue rastas are averred to exist, for enabling the cultivators to access their fields.

6. The Chief Town Planner Punjab on the application of the private developer/builder vide memo No. 4063 dated 19.07.2013,