IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 17.06.2025 MAHIPAL GARDEN AND ANOTHER ...Petitioner(s)

Versus STATE OF HARYANA AND ORS ...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr.Harsh Aggarwal, Advocate for the petitioners.

Mr.Sanjeev Kaushik, Addl.A.G., Haryana with Mr.Divyanshu Kaushik, Advocate for the respondents ANIL KSHETARPAL, J. (Oral)

1. The petitioners pray for the issuance of a writ in the nature of Certiorari to quash order 14.06.2025 (Annexure P-6) issued by respondent No.2- Conservator of Forest (South Circle), Forest & Wildlife Department, Govt. of Haryana. The operative part of the said order reads as under:-

“xxx xx xxx xx xxx Therefore, it is requested to cancel the order dated 31.01.2025 issued by DCF, Faridabad and direct the district level officers who are involved in demolition drive to demolish the commercial structures in Khasra No.1359 to comply with orders of Hon’ble Supreme Court. It is also requested if order has been passed in other cases, may also be reviewed.”

2. Learned counsel representing the parties admit that as of now, no further order has been passed by the DCF in compliance with order dated 14.06.2025.

3. Moreover, it is evident that the order passed by the Hon’ble Supreme Court on 21.07.2022 in Civil Appeal No.10294 of 2013 titled as “Narinder Singh and others Vs. Divesh Bhutani and others” is sought to be complied with by the authorities.

4. Learned State counsel has submitted that appropriate order(s) in accordance with law after granting an opportunity of hearing to the petitioners shall be passed.

5. Learned counsel representing the petitioners submits that some breather should be given to the petitioners to assail the correctness of the order which may be passed against the petitioners. He further submits that the land comprised in khasra No.1359 was bifurcated into two parts in the year 1975 i.e. one of 55 bighas & 10 biswas land which was gairmumkin Pahar whereas the remaining was gairmumkin abadi and the portion which was part of the abadi was never included in the notification under Section 4 of the Punjab Land Preservation Act, 1900 issued on 18.08.1992.

6. We are afraid that this issue cannot be examined in the absence of notification dated 18.08.1992. Moreover, as noticed, the competent authority is yet to pass an order in the matter

7. In view of the above, no interference is called for at this stage. This Court is sanguine that the competent authority shall pass the requisite order in accordance with law after affording due opportunity of hearing to the petitioners.

8. With these observations, the writ petition is disposed of.

(ANIL KSHETARPAL

17.06.2025 (VIKRAM AGGARWAL

Whether speaking/reasoned : Yes/No

Whether Reportable : Yes/No