JUDGMENT

Mrs. Lisa Gill, J.

This order shall dispose of CWP Nos. 13647 of 1992 and 13944 of 2004, as both the writ petitions involve an identical question for adjudication and were hence taken up for hearing and adjudication together at request and with consent of learned counsel for the parties.

2. CWP No. 13647 of 1992, has been filed seeking quashing of Section 15 of the Faridabad Complex (Regulation and Development) Act, 1971 (for short 'the 1971 Act) being ultra-vires the Constitution of India with a further direction to the respondents to revert back the Shamilat Deh land of village Pali to the petitioners and others and restraining the respondents from interfering in the possession of the petitioners.

3. Notice of motion in CWP No. 13647 of 1992 was issued on 14.10.1992 and dispossession of the petitioners was stayed. The said writ petition was admitted on 19.11.1992 to be heard along with CWP No. 1952 of 1991. Ex parte stay granted on 14.10.1992 was vacated while observing as under:-

"Admitted.

To be heard along with CWP No. 1952 of 1991.

To be listed for final hearing within three months from today.

We have heard the learned counsel for the parties on the question of stay. It has been argued by Mr. Anand Swroop, learned counsel for respondent no.3 that the land in dispute vested in the Panchayat in the year 1953 and even mutation was sanctioned in the year 1956 and that the petitioners are not in possession of any part of the land. This position has been disputed by the counsel for the petitioners.

Without going into this controversy, this Court is disinclined to grant stay because any stay to be granted by us would come in conflict with the directions issued by the Hon'ble Supreme Court in Writ Petition No. 4677 of 1985 with T.C (C) No. 75-89/91, W.P. (C) No. 521/87 and T.P. (C) No. 245-50/91, M.C. Mehta etc. v. Union of India, decided on 15th of May, 1992."

4. It is pertinent to note, at this stage, that the Hon'ble Supreme Court in M.C.Mehta etc., v. Union of India, 1991 SCC (2)353, directed that the mechanical stone crushers established/operating in the area of Lal Kuan, Anand Parbat, Rajokri, Tughlakabad and in any other area of Union territory of Delhi, shall stop operating/functioning with effect from August 15, 1992. Direction was passed in respect to certain areas in the State of Haryana, as well. In view of the information supplied by the Town and Planning Department, Government of Haryana to the effect that new 'crushing zone' had been approved at village Pali, the competent authority was directed by the Hon'ble Supreme Court to demarcate and allot sites for stone-crushers vide draw of lots or any other fair and equitable method. It was further directed that additional land in or around the crushing-zone be provided, in case, the land in question is not sufficient to accommodate the stone-crushers affected by its orders. The exercise was directed to be completed and plots offered to the stone crushers within a period of six months.

5. Application filed by the petitioners in this writ petition i.e., CM- 12522 of 2004 in CWP No. 13647 of 1992 for restraining the Municipal Corporation from selling the land, was dismissed on 26.07.2004. Writ petition was adjourned sine die on 12.09.2013 to await decision of CWP No. 314 of 2001.

6. CWP No. 13944 of 2004, has been filed by two of the proprietors of village Pali for quashing proceedings dated 21.05.2004 insofar as it pertains to grant of 700 Acres of land to the Ministry of Defence and for setting aside those provisions of the 1971 Act and the Haryana Municipal Corporation Act, under which the land in question has vested firstly with the Faridabad Complex Administration and thereafter with the Haryana Municipal Corporation with a further direction to the respondents to restore the land belonging to the proprietors of the village and for restraining the respondents from interfering in the possession of the petitioners and to refrain from transferring the same to any third