In the High Court of Punjab and Haryana, at Chandigarh

Civil Writ Petition No. 29624 of 2018 (O&M)

Date of Decision: 28.01.2021

Baba Ram Niwas

... Petitioner(s)

Versus

Union of India and others

... Respondent(s)

CORAM: Hon'ble Mr. Justice Anil Kshetarpal.

Present:

Mr. Snehdip Oberoy, Advocate

for the petitioner.

Ms. Areika Singh, Advocate

for respondent No.2.

Mr. Rajinder Goyal, Advocate

for respondent No.5.

Anil Kshetarpal, J.

Through this writ petition, filed under Article 227 of the

Constitution of India, the petitioner prays for the following substantive

reliefs:

“i)

Issue writ in the nature of mandamus directing the

respondents to conduct a fair & impartial probe into the

fraudulent disbursement of compensation with regard to

the land in possession of the petitioner comprised in

Khewat No. 195, Khatuni No. 221-224, Khasra No.

12/21/1, 13/16 situated in Village – Mundi Kharar,

Tehsil-Kharar, Dsitrict-Mohali, having been acquired by

the National Highway Authority of India for the purpose

of widening, maintenance & operation of the concerned

DEEPAK KUMAR BHARDWAJ

2021.01.29 17:19

I attest to the accuracy and

integrity of this document

Civil Writ Petition No. 29624 of 2018 (O&M)

2

Highway, for which several complaints/representations

including Ann.P-3 dated 19.05.2017 & Ann. P-4 dated

04.09.2017 have already been submitted with the

respondents and no action so far has been taken in this

regard;

ii)

Restrain respondent no.2/National Highway Authority of

India from carrying out work pertaining to the widening

& four laning of the Highway in the aforesaid land

during the pendency of the requisite probe/enquiry.

iii)

Restrain Respondent no.4/S.D.M., Mohali from releasing

any further/remaining amount of compensation with

regard to the aforesaid acquisition during the pendency

of the requisite probe/enquiry;

iv)

Respondent no.4/SDM, Mohali be directed to refer the

matter in hand to the Civil Court of Original Jurisdiction

under Section 3-H(4) of the National Highway Act”.

It would be noted here that rights of the petitioner herein vis-a-

vis respondent No.5-Trust has already been finally decided in a civil

litigation. Respondent No.5 filed a suit for mandatory injunction to hand

over the vacant possession of the religious and charitable property along

with directions to render the accounts against Baba Gopal Dass. The

aforesaid civil suit was partly decreed qua rendition of accounts by the trial

Court on 02.09.1993. However, the first appeal, filed by respondent No.5,

was accepted on 03.05.1997. Thus, the directions were issued to Baba Gopal

Dass to hand over the vacant possession. A regular second appeal No. 2263

DEEPAK KUMAR BHARDWAJ

2021.01.29 17:19

I attest to the accuracy and

integrity of this document

Civil Writ Petition No. 29624 of 2018 (O&M)

3

of 1997 was filed and admitted. Baba Gopal Dass died during the pendency

of the suit and Baba Ram Niwas-the petitioner herein was impleaded in

place of Baba Gopal Dass. Against the aforesaid order, Civil Appeal No.

9638 of 2003 was filed and the Supreme Court held that the Court would

decide the rights of Baba Ram Niwas independently as Baba Gopal Dass

was only a Sewadar.

The regular Second appeal was decided on 18.07.2016 with a

finding that Baba Ram Niwas cannot be considered to be the Manager of the

Trust and hence, has no right, title or interest in the property. However, the

appeal was partly accepted and consequently, the suit filed by respondent

No.5 qua handing over the vacant possession was ordered to be dismissed.

Against the aforesaid judgment, the Supreme Court while

deciding Civil Appeal No. 724 of 2020 on 31.01.2020 has reversed the

judgment of the High Court qua handing over the vacant possession against

Baba Gopal Dass. Thus, the Trust has been held to be entitled to possession.

It has been held that Baba Ram Niwas is only a member of the public who

can offer his services in pl