2024 Supreme(P&H) 1476
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MEENAKSHI I. MEHTA, J.
Ravinder @ Ravinder Kumar Chahal And Other – Appellant
Versus
Commissioner Hisar, Division Hisar And Others –Respondent
CR No.7208, 7209, 7229, 7230, 7473, 7272, 7274, 7278, 7287, 7292, 7295, 7312, 7318, 7321, 7322, 7332, 7335, 7352, 7354, 7356, 7357, 7361, 7362, 7519 and 7535 of 2023.
Decided on : 29-04-2024
For the Appellant :Mr. S.S. Dinarpur, Advocate and Mr. Aman Godara, Advocate and Mr. Arvind Singh, Advocate
Members of a society have the right to participate in legal disputes concerning land designated for communal use, even if not originally parties to the case.
Headnote:In the context of the Haryana Municipal Corporation Act, 1994, this judgment addresses the rights of society members over land designated for public use. The court ruled that the applicants had the right to contest the illegal conversion of green belt land to plots. The essential question determined was whether the applicants should be considered necessary parties in the appeals concerning illegal constructions in the green belt area. The court found that the applicants had sufficient stakes in the dispute, which the petitioners contested inadequately. Notably, the revision petitions were dismissed due to lack of merit.
| Table of Content |
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| 1. the rights of society members over designated land. (Para 1 , 2) |
| 2. overview of the preliminary hearing and consideration of evidence. (Para 3) |
| 3. arguments regarding the participation of additional parties in appeals. (Para 4 , 5 , 6 , 7) |
| 4. final conclusion on the merit of the revision petitions. (Para 9) |
JUDGMENT :
Meenakshi I. Mehta, J.
1. All the twenty-five (25) above-captioned revision-petitions are being taken up together for discussion and adjudication as similar questions of law and facts are involved therein.2. Bereft of the unnecessary details, the common facts, as culled out from the perusal of all the files and culminating in the filing of the present revision-petitions, are that the employees of the Animal Husbandry Department at Hisar, formed a Society named and styled as The Hisar Animal Husbandry Co-operative House Building Society Limited (for short 'the Society'), for the construction of their houses and then, the State Government allotted the land measuring 32 Acres 05 Kanais 03 Marlas to it (Society) for the afore-said purpose. The Society carved out the residential plots in this land and named the locality/Colony as Sunder Nagar and submitted its map/lay-out for seeking the necessary approval from the Municipal Committee, Hisar, wherein a strip of the land on the Northern boundary of the Colony, adjoining the National Highway No. 10, was shown to have been reserved for developing it as the green belt area, for being used as the Park and Temple by the residents of the Colony. However, some employees/officers of the Co-operative Societies Department allegedly converted the land, so reserved, into the plots and allotted the same to several persons, including the petitioners/their vendors. Then, the Municipal Corporation, Hisar, i.e respondent No.2, issued the notices to the petitioners under Sections 250 and 261 of the Haryana Municipal Corporation Act , 1994, requiring them to remove the illegal construction as raised by them in the plots, comprised in the green belt area, without seeking/obtaining its approval and the petitioners filed Replies to the said notices but respondent No.2 again issued notices to them (petitioners) and they challenged the same before this Court by filing CWP No. 15110 of 2021 and CWP No. 15111 of 2021 and these Writ Petitions were decided on 31.08.2021 and 19.08.2021 vide orders Annexures P-20 and P-21, respectively and in compliance of the above-referred orders, respondent No.3 passed the orders on 26.04.2022, regarding the demolition of the construction raised on the afore-mentioned plots in the green belt area and feeling aggrieved therefrom, the petitioners filed the Appeals before respondent No.l. During the pendency of these Appeals, respondents No.6 & 7-applicants (here-in-after to be referred as 'the applicants') moved the applications under Order 1 Rule 10 read with Section 151 CPC with the prayer to implead them as the party therein, while averring that they were the members of the said Society and had, thus, direct interest in the land, as left for being developed as the green belt area but this land had, illegally, been converted into the plots and these plots had been allotted to several persons, including the petitioners, who had, unauthorisedly, raised the construction in the same and had been carrying on the commercial activities therein which had been causing a lot of air, water and noise pollution. The above-said applications have been allowed by respondent No.l (the Appellate Authority) vide the impugned orders, annexed as P-27 in all the revision-petitions.
3. I have heard learned counsel for the petitioners in the instant revision-petitions, at the preliminary stage and have also gone through the files carefully.
4. Learned counsel for the petitioners have contended that the applicants were not a party to the initial litigation and hence, they could not be impleaded as the respondents in the afore-said Appeals and moreover, they have no right, tit