KULDEEP KUMAR
KOHLI
RZ 200B,
STREET NO. 3, RAM CHOWK,
SADH NAGAR
PART I, PALAM COLONY,
NEW DELHI –
110045
TELEPHONE:
08860332404
EMAIL:KULDEEP.KOHLI55@GMAIL.COM
18.5.2015
District
Town Planner,
Enforcement,
Gurgaon,
Town
& Country Planning, Haryana,
Government
of Haryana,
HUDA
Complex,
Sector-14,
Gurgaon
1.
REQUEST FOR GRANT OF PERMISSION FOR COSNSTRUCTING THREE FEET BOUNDARY WALL
AT FARM NO. A 2, ANSALS ARAVALI RETREAT, VILLAGE RAISINA, TEHSIL SOHNA,
DISTRICT GURGAON, HARYANA TO PROTECT THE PLANTS AND THE CROP FROM NEEL GAYEE (
WILD BLUE CATTLE) BUFFALOES AND OTHER STRAY ANIMALS, THEFT AND THE SECURITY OF OUR FARMERS STAYING
AT FARM.
2. CONSTRUCTION OF THE WALL IS ALLOWED UNDER SECTION 6 OF THE PUNJAB SCHEDULED
ROADS AND CONTROLLED AREA RESTRICTION OF UNREGULATED DEVELOPMENT ACT,
1963 AN ACTIVITY SUBSERVIENT TO AGRICULTURE
3.
I PROPOSE ADDING MORE THAN 100 PLANTS IN MY FARM NO. A 2, ANSALS ARAVALI
RETREAT, VILLAGE RAISINA, TEHSIL SOHNA, DISTRICT GURGAON, HARYANA
4.
I AM PREPARED TO GIVE AN UNDERTAKING THAT I WILL JUST CONSTRUCT THE BOUNDARY WALL AND SMALL
ROOM FOR CARE TAKER, STORAGE OF IMPLEMENTS AND SEEDS AND FRUITS ETC.
Respected
Sir,
I am addressing this
communication on my behalf as owner of Farm No.
A -2, ANSALS ARAVALI
RETREAT, VILLAGE RAISINA, TEHSIL SOHNA, DISTRICT GURGAON, HARYANA.
CONSTRUCTION
OF BOUNDARY WALL, AN ACTIVITY SUBSERVIENT TO AGRICULTURE
Section
6 of Punjab Scheduled Roads and Controlled Area Restriction of Unregulated
Development Act, 1963 reads as under:
Except
as provided hereinafter, no person shall erect or re-erect any building or make
or extend any excavation or lay out any means of access to a road in a
controlled area save in accordance with the plans and the restrictions and
conditions referred to in section 5 and with the previous permission of the
Director
Provided
that no such permission shall be necessary for erection or re erection of any
building if such building is used or is to be used for agricultural purposes or
purposes subservient to agriculture.
Hence
a person need not seek prior permission of Director, Town & Country
Planning (Enforcement) to erect or re-erect a building which is being used for
agriculture purpose or purpose subservient to agriculture.
As
per Section 2 of the Act agriculture is defined as under:
"Agriculture"
includes horticulture, dairy farming, poultry farming and the planting and
upkeep of an orchard
It
has been clearly established through the repeated judgements including Smt.
Tripta Chabra Vs. D.T.P. (Enforcement), Gurgaon and another 2002 (1) PLJ 304
that as person need not seek prior permission of Director, Town & Country
Planning (Enforcement) to erect or re-erect a building which is being used for
agriculture purpose or purpose subservient to agriculture.
This
has further been upheld in respect of many cases against District Town Planner
(Enforcement) and the State of Haryana. ( Annexure 1)
In
the final Judgement and Order dated 17.12.2014 passed by the Court of Respected Shri Ramawatar
Pareek, being the Ld. Presiding Officer, Special Environment Court Faridabad in
Case No 12 of 2007 titled "Haryana State Pollution Control Board (HSPCB)
v/s M/s Ansal Properties and Infrastructure Ltd. and others wherein it was
unequivocally found and held that Ansal
Properties and Infrastructure Ltd. had purchased the land years before the
Aravali Notification was issued and sufficient
evidence has been brought upon file to prove that the development of Aravali
Retreat in Raisina village has been done before the Aravali Notification and the change in the kind of land from Gair
mumkin pahar to Gair mumkin farm house was done in the revenue records before
the issuance of the notification dated 7th May 1992 and since this
area is a Gair mumkin Farm House and hence the Aravali notification is not
applicable to this area as the Aravali notification is applicable on Gair mumkin
Pahad.
It
has also been confirmed repeatedly as per the following judgements of the
different Courts that the land in question at Aravali Retreat, Village
Raisina, Tehsil Sohna, Dist. Gurgaon is farm house and hence the Aravali
notification dated 7th May 1992 is not applicable.
1.
Ms. Yashika, HCS (Judicial) Presiding Officer, Special Environment Court,
Faridabad and Shri Ramawatar Pareek, Presiding Officer-cum-JMIC, Special
Environment Court, Faridabad have adjudicated repeatedly that the
notification dated 7.5.1992 issued by the Ministry of Environment and Forest,
Government of India is not applicable to the “farm Houses” at Aravali Retreat,
Village Raisina, Tehsil Sohna, Dist. Gurgaon.
- HSPCB
V/s Sunil Kalra
- HSPCB
V/s Prateek Shrivastava
- HSPCB
V/s Mrs. Raj R Gupta
- HSPCB
V/s Namita Mehta
- HSPCB
V/s Sanjay Mittal
- HSPCB
V/s Jyotirmay Daw
- HSPCB
V/s K K Nanda
- HSPCB
V/s Gulshan Rai
- HSPCB
V/s Gulshan Rai
- HSPCB
V/s Ansal Properties & Infrastructure Ltd.
- HSPCB
V/s Shri Nirmal Jain
- HSPCB
V/S Shri Jeevan Mehar
- HSPCB
Mrs. Sunita Kalra
- HSPCB
V/s Shri A.K Kalra
- HSPCB
V/s Shri Prasanchit Ganguli
- HSPCB
V/s Shri Narayan Nair
- HSPCB
V/s M/s. Beniwal & Co.
- HSPCB
V/s Shri Surender Pradhan
- HSPCB
V/s Mrs. Sonia Sood
- HSPCB
V/s Shri Rajeev Singh
- HSPCB
V/s Mrs. Sharda Agarwal
- HSPCB
V/s Vijay Malik
A
copy of few of the judgement of the environment court is being enclosed
herewith for your ready reference. ( Annexure 2, 3, 4, 5, 6 & 7)
The
above judgements are therefore clearly indicative of the fact that the land in
question is an agriculture land, and that the notification of the Government of
India issued by the Ministry of Environment and Forests SO No. (19) Dated 7th
May 1992 commonly known as Aravali Notification is not applicable in respect of
the farm houses at Ansal Retreat, Village Raisina, Tehsil Sohna, Gurgaon.
Needless
to mention that the above judgements have been made by the Honourable Court
after going into details of each and every issue taken up by Haryana State
Pollution Control Board and the documentary evidence provided by Ansals in
support of their claim in terms of the Revenue Records for the said farm
houses.
It has been confirmed by the Special
environment Court that:
1.
The change of Khasra Girdawari of
Rabi 1991 from Gair Mumkin Pahar to Gair Mumkin Farm house is not in dispute
2.
Its subsequent incorporation in
the Jamabandi of 1990-1991 is also not in dispute
3.
The issuance of Aravali
Notification on 7.5.1992 and its applicability on the Gair Mumkin Pahar is also
not in dispute
4.
Sufficient evidence has been
brought upon file in the records to prove that the development of Ansal Retreat
in Raisina village was done before Aravali Notification including report of
Tehsildar in the year 2010, electricity connections, plantation of trees,
construction of roads etc.
5.
The Government of India, Ministry
of Environment & Forest vide their letter No. 17-1/91.PL/IA dated 1.11.2006
have confirmed that in case the members of Aravali Plot Owners association have
plots which in the land records maintained by the State Government as on date
of the Notification dated 7th May 1992 (of MoEF) were categorised as
“Farm House”…. then this Notification will not be applicable. (Annexure 8)
In
three of the matters referred above wherein the judgements have been given by
the Honourable Presiding Officer-cum-JMIC, Special Environment Court,
Faridabad, M/s HSPCB has preferred an appeal before the Honourable High Court
of Punjab & Haryana, Chandigarh and a copy of the appeal is being enclosed
herewith for your kind information (Annexure 9). The said appeal has been
dismissed by the Honourable High Court in respect of all the three cases and a
copy of the order in respect of all the three cases is enclosed herewith
(Annexure 9, 10, & 11)
In
view of the facts and the details mentioned above it is evidently clear that:
1.
Even if the Aravali Retreat is a notified area, we do not have to seek prior
permission for construction of a boundary wall from the the Department of Town
& Country Planning, Gurgaon because as per section 6, no such
permission shall be necessary for erection or re erection of any building if
such building is used or is to be used for agricultural purposes or purposes
subservient to agriculture and construction of boundary wall is an activity
subservient to agriculture as upheld by the court in the judgements given in
Annexure I.
2.
Aravali notification is not applicable on Aravali Retreat, Village Raisina,
Tehsil Sohna, Dist. Gurgaon as confirmed by the Honourable High Court of Punjab
& Haryana.
I
would like to go ahead with the above activity, as we are proceeding as per the
law to erect or re-erect a building which is being used for agriculture
purpose or purpose subservient to agriculture to
protect ourselves from neel gain, other stray animals, theft and the security
of our people.
As
a law abiding citizen, I consider it my duty to seek your kind permission for
the construction of 3 feet wall for the purposes mentioned above and therefore,
request your kind and personal indulgence in granting us the necessary
permission.
You
will appreciate sir that repeatedly our crops are being damaged by the animals
and hence for want of the boundary wall, we are unable to protect the expensive
plants.
Since
the plants do not grow because of any protection, our hard earned money being
invested in agriculture farming is going waste.
We did try to protect the boundary with dry sticks but unfortunately did
not succeed.
I
am also enclosing herewith a copy of the mail covering the minutes of
discussions with your predecessor wherein he confirmed during the discussions
that you may go ahead with construction of the boundary wall. A copy of the mail sent to him after
discussions is enclosed herewith.
I
shall be extremely grateful for your kind and personal indulgence in granting
me the permission.
I
am enclosing herewith a Map of Plot No. A 2 giving the details of the boundary
where the 3 foot boundary is to be constructed.
Thanking
you,
Yours
faithfully
KULDEEP
KUMAR KOHLI
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