KULDEEP KUMAR KOHLI
RZ 200B, STREET NO. 3, RAM CHOWK,
SADH NAGAR PART I, PALAM COLONY, NEW DELHI – 110045
Mobile: 08860332404
E MAIL: KULDEEP.KOHLI55@GMAIL.COM
AR/DC/01
29.09. 2016
Deputy Commissioner
District Gurgaon,
1ST Floor, Mini Secretariat,
Gurgaon,
Haryana
Request to advice all concerned at the time
of “Determination of the revenue estate of Raisina and Gairatpur Bas as per the
orders of Honourable High Court of Punjab & Haryana”.
Dear Sir,
The Raisina Aravali Retreat Resident Welfare
Association hereinafter referred to as RARRWA, a duly registered body under the Haryana
Registration and Regulation of Societies Act, 2012 is an Association of the
owners of the farm houses at Ansals Aravali Retreat, Village Raisina, Tehsil
Sohna, District Gurgaon, representing the interest of most of the farm land
owners. The Raisina Aravali Retreat has total farm 675, out of which
218 are of 2 Acre and 457 are of 1 Acre.
This entire property as per the existing records falls
in Village Raisina and not Village Gairatpur Bas.
Sir, Gairatpur Bas village has been filing cases for
many years claiming that lot of area of Ansals Aravali Retreat belongs to Gram
Panchayat, Gairatpur Bas but the fact is that the Honourable Courts have never
agreed to their requests and have always turned down their petitions.
This issue has been raised earlier in the different
Honourable Courts and I am enclosing herewith few recent judgements settling
this issue with specific instructions.
We wish to draw your specific kind attention to the
judgement of Honourable Shri J Surya Kant of the High Court of Punjab &
Haryana at Chandigarh in the civil writ petition No. 5603 of 2015 in the matter
of M/s Delhi Towers & Estates Pvt. Ltd. versus of State of Haryana &
others. The said writ petition was disposed with the following directions.
“The Deputy Commissioner, Gurgaon is directed to
constitute a team comprising:
(i)
District Revenue Officer, Gurgaon
or Senior Most Tehsildar of Gurgaon District.
(ii)
Block Development and Panchayat
Officer of the Block in which both the villages fall.
(iii) Consolidation officer from the
Department of Consolidation.
(iv)
Field Kanungo.
(v)
Forest range Officer.
(vi)
Patwaries of both the villages
along with complete revenue records.
The above stated team shall firstly, after going
through the entire revenue and consolidation records, determine the total
revenue estate of each village, if already not determined, after comparing the
pre and post consolidation numbers.
Thereafter the revenue boundaries of both the villages
shall be determined/ demarcated at the site.
The location of the land purchased by the petitioner
shall be measured and demarcated at the spot to find out whether it exclusively
falls within the revenue estate of village Raisina or it overlaps the revenue
estate of village Gairatpur Bas.
The petitioner as well as Gram Panchayats of villages
Raisina and Gairatpur shall be associated at all stages while conducting the
above stated proceedings.
If need be, the assistance of retired revenue
officials who are well conversant with the area may also be obtained.
On completion of the above stated exercise, if it is
found that that the petitioners have encroached upon any area within the
revenue estates of village Gairatpur Bas which vests in the Gram Panchayat of
that village, they shall have to vacate such area at their own within three
months, falling which the Gram Panchayat shall be at liberty to initiate
proceedings under Section 7 of the 1961 Act.”
A copy of the last order of the Honourable High Court
of Punjab & Haryana at Chandigarh 19.9.2015 is enclosed herewith – Annexure
II). I am also enclosing herewith the following additional documents for
your kind information on the issue so that the matter is closed for ever.
i. The order of the Assistant Collector cum SDO, Gurgaon South dated 25.4.2016
based on the order of the Honourable High Court of Punjab & Haryana, at
Chandigarh as Annexure - Annexure III wherein he has reiterated the order of
the Honourable High Court of Punjab & Haryana.
ii.
A copy of the Affidavit filed by the Respected Deputy Commissioner as
Annexure IV wherein he is confirming through an Affidavit before the Honourable
Court of Punjab and Haryana that the land pertaining to Ansals Aravali Retreat
wherein my farm is situated is has been purchased in Village Raisina and not Village
Gairatpur Bas.
Sir, as you are aware the core issue raised in these
cases is whether the land purchased by the petitioner falls within the revenue
estate of village Raisina, Tehsil Sohna, District Gurgaon or it falls within
the revenue estate of village Gairatpur Bas of the same sub division? If
the first question is answered in affirmative and the subject land is held
within the revenue of estate of village Gairatpur Bas and not Raisina, yet
another question that required determination would be whether such land was
owned by the vendors from whom the petitioner had purchased it and does it vest
in the Gram Panchayat?.
It is obvious that the demarcation and dimensions of
the parcels of land purchased by the petitioners are also required to be
determined and carried out so as to resolve the dispute between them and the
Gram Panchayat of village Gairatpur Bas.
Respected Sir, the issues involved in this matter can
have huge repercussions on the holding of innocent farm house purchaser who
bought this property almost 25 years back and that is the reason for the
Honourable Court ordering such a systematic process to be followed for
demarcation of the property.
We have been given to understand that some newly
elected members of Governing Body of Gairatpur Bas Panchayat are once again
claiming that some area of the above Ansal Aravali Retreat belongs to their
village where as the fact is that the Honourable High Court of Punjab and
Haryana has already ordered the guidelines to be followed for consolidation and
determination of the revenue estate.
Respected Sir, in view of above, kindly advice all
concerned authorities to follow the guidelines laid by the Honourable High
Court of Punjab and Haryana in determination of the revenue estate of Raisina
and Gairatpur Bas and any act by any of the revenue authorities and the Town
and Country Planning in violation of the guidelines laid by the Honourable High
Court of Punjab and Haryana would tantamount to contempt of the orders of
court.
Thanking you,
Yours faithfully
KULDEEP KUMAR KOHLI
Copy to:
District Town Planner
Enforcement,
Department of Town and Country Planning,
HUDA Complex,
Sector – 14, Gurgaon
Tehsildar
Sohna,
District Gurgaon,
Haryana
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