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
12.7.2016
The
Deputy Commissioner,
District
Gurgaon,
1st
Floor,
Mini
Secretariat,
Gurgaon,
Haryana
WRONG ENTRY BY THE PATWARI,
GIRDHAWAR AND REVENUE OFFICERS OF TEHSIL SOHNA
IN RESPECT OF ANSALS ARAVALI RETREAT, VILLAGE RAISINA, TEHSIL SOHNA AS
“GAIR MUMDKIN PAHAD” THOUGH THE SAME
SHOULD READ AS “GAIR MUMKIN FARM” AS WAS RECORDED FROM 1990 TO 20105-2006.
Dear
Sir,
I
am herewith enclosing a copy of the judgement given by the Honourable Presiding
Officer-cum-JMIC, Special Environment Court, Faridabad in respect of the case
no. 12 of 2007 filed by the Haryana State Pollution Control Board versus M/s.
Ansal Properties and Infrastructure Ltd. Annexure1
In
para 28 of the judgement enclosed it has been clearly spelled:
“Thus the complainant/prosecution has
miserably failed to prove upon file that Aravali Notification was applicable
upon the Aravali Retreat the land of
accused no. 1. Hence accused no. 1 is liable to be acquitted of the charge
framed under Section 15 of the Environment Protection Act for violation of
Aravali Notification dated 07.05.1992.
Since Aravali notification is not
applicable as per the order of the Honourable Presiding Officer-cum-JMIC,
Special Environment Court, Faridabad to the entire area of 1200 acres under
Ansal Aravali Retreat hence it cannot be applicable to the individual farm
lands cut into one acres pieces and two acres pieces and sold to individuals.
Haryana state pollution control
board has lost all the cases so far in the court wherein court has held that
Aravali Notification is not applicable on the farm houses under Ansal Aravali
Retreat (in all more than 60)
In
three such matters so far, Haryana State Pollution Control Board, Faridabad had
preferred an appeal before the Honourable High Court of Punjab & Haryana,
Chandigarh Annexure II and all the three appears so preferred on the matter
were dismissed by the Honourable Court of Punjab & Haryana,
Chandigarh. Copies of the judgement
dated 16.7.2015 are enclosed herewith for your kind information. Annexure – III A B C.
That
an Affidavit has been given by the Divisional Forest Officer, Gurgaon vide
letter No. 867 dated 17.07.2015 – Annexure
II, regarding land at Ansal Aravali Retreat before the Honourable High
Court of Punjab & Haryana stating that:
“That
land purchased by the petitioner is not covered under section 4 and 5 of the
Punjab Land Preservation Act, 1900 and Aravali Plantation scheme and Reserve
Forest/Protected Forest”
Based
on the said affidavit even you have given an affidavit before the Honourable
High Court of Punjab & Haryana, Chandigarh confirming the above Annexure
III.
It
is therefore evident that the land at Ansal Aravali Retreat is:
1.
Not covered under the Aravali
notification of 1992
2.
It is not covered under Section 4 and
5 of the PLPA 1900
3.
It is not covered under the Aravali
Plantation Scheme
4.
It is not a Reserve Forest
5.
It is not a Protected Forest
6.
It is not recorded forest
7.
It has not been allotted to them by
the Government
8.
The ownership as well as the
possession of the land is with individuals and not the Government.
The
office of the Commissioner vide letter No. 99-68/RA/2010/78 dated 5.1.2011
addressed to Haryana State Pollution Control Board after conducting a detailed
enquiry into factual basis on which change of girdawari was effected have informed
as under to the Haryana State Pollution Control Board, Panchkula.
“…..
After examining the investigation report
sent by the Deputy Commissioner and the inspection of the records it has been
found that M/s Ansals Group had in the year 1987-88 purchased lot of land in
village Raisina in Khevat No. 28 and 29 and at that time the land was
registered in the revenue records as “Gair Mumkin Pahad”. It was further found that M/s Ansals Group
had developed work of farm house, houses, road, and electricity supply on this
land before March 1990. After sufficient
development was noticed, based on the development on the site, the Patwari of
the area had recorded the land as Gair Mumkin Farm House, House, and Road etc. in
the revenue records during Rabi 1990. Hence the development of this area had
taken placed before March 1990.”
If
the area was recorded as Gair Mumkin Farm in March 1990 and has remained so
since then rather few people have added more plants on their plot, hence the
area in the revenue records should keep reading as Gairmumkin Farm only.
In case the revenue officers/
Girdhawari /Patwari change the entry of
the farm House to Gair Mumkin Pahar from the Gair Mumkin Farm which was the
status in the revenue records in 1990, then the said entry would be illegal and
same is liable to be declared illegal null and void and not binding upon the
rights of the farm land owners.
We therefore seek
your kind intervention in advising the concerned revenue officers of Tehsil
Sohna to ensure that the farm houses in Ansals Aravali Retreat are recorded as
Gairmumkin Farm only and not Gair Mumkin Pahad
which was the status of land before 1990 and after that it has remain so
for many years to come.
Thanking
you,
Yours
faithfully
KULDEEP
KUMAR KOHLI
8860332404
Copy
to:
SPS to Deputy Commissioner, Gurgaon
SE (OP) Circle, DHBVN Gurgaon
Xen Sub urban, DHBVN Sector 31,
Gurgaon
Divisional Forest Officer
(Territorial) Forest Complex, Rajiv Chowk, Gurgaon to give one single reason as
to why no new connection should not be given
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