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
18.7.2016
The
Deputy Commissioner,
District
Gurgaon,
Mini
Secretariat,
Gurgaon
Haryana
Instruct all concerned to kindly
involve all the farm land owners who shall be finally getting affected with
this measurement of Raisina & Gairatpur Bas villages as this has not been
done and is a violation of the order of the Honourable High Court of Punjab
& Haryana at Chandigarh.
Dear
Sir,
We
wish to draw your 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 mater of M/s Delhi Towers & Estates Pvt.
Ltd. versus of State of Haryana & others. The said write 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
II.
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.
III.
Thereafter the revenue boundaries of both the villages shall be determined/
demarcated at the site.
IV.
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.
V.
The petitioner as well as Gram Panchayats of villages Raisina and Gairatpur
shall be associated at all stages while conducting the above stated proceedings.
VI.
If need be, the assistance of retired revenue officials who are well conversant
with the area may also be obtained.
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 he 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 require 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 purchases who bought this property almost 25
years back and that is the reason for the Honorable Court order such a
systematic process to be followed for demarcation of the property.
Unfortunately
none of the property owners were even informed while conducting the exercise as
ordered by the Honourable Court wherein it was very clearly said that the
petitioners as well as Gram Panchayats shall be associated at all stages
while conducting the above stated proceedings.
Respected
Sir, Kindly instruct all concerned to kindly involve all the farm land owners
who shall be finally getting affected with this measurement as this has not
been done and is a violation of the order of the Honourable High Court of
Punjab & Haryana at Chandigarh.
Warm Regards,
Yours Faithfully,
KULDEEP KUMAR KOHLI
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