KULDEEP KOHLI- PETITION ARAVALI REGISTRATION OF FARM HOUSES

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

20.4.2016

Shri T L Satyaprakash, IAS,

Deputy Commissioner,

1St Floor, Mini Secretariat,

Rajiv Chowk, Gurgaon – 122001

Haryana                  

Email: dcgrg@hry.nic.in

INSPITE OF ABSOLUTELY UNAMBIGUOUS LEGAL GUIDELINES AND THE LEGAL DECISIONS BY THE:

1.  HONOURABLE COURT OF PRESIDING OFFIER-CUM-JMIC, SPECIAL ENVIRONMENT COURT, FARIDABAD ON THE ISSUE OF NON APPLICABILITY OF ARAVALI NOTIFICAION ON FARM LAND AT ANSALS ARAVALI RETREAT, VILLAGE RAISINA, TEHSIL SOHNA.

THE REGISTRATION OF OUR PROPERTY BY THE TEHSILDAR HAS BEEN STOPPED FOR THE TIME BEING WITHOUT ASSIGNING ANY REASON.

2. MANY FARM OWNERS HAVING BOUGHT THE PROPERTY ARE AFFECTED BECAUSE OF THIS UNINTENTIONAL BUT ILLEGAL HARASSMENT BECAUSE OF HAVING MISCOSTRUED FEW REPRESENTATIONS BEFORE THE NATIONAL GREEN TRIBUNAL BY THE ABOVE AUTHORITIES

THERE IS NO STAY BY THE HONOURABLE NATIONAL GREEN TRIBINAL ON ANY ISSUE 

Respected Sir,

The farm house owners have been harassed endlessly for last so many months by the Tehsildar, Sohna by not registering the sale and purchase of their farm house situated at Ansal Aravali Retreat, Village Raisina, Tehsil Sohna, Dist. Gurgaon and hence having left with no other alternative we are taking the liberty of encroaching upon your valuable time by addressing this communication to you to seek your blessings on the matter by instructing the Tehsildar Sohna to register the sale deed of the buyers.

We feel it would not be fair to the  people who have bought the property from the sellers but their property cannot be registered with the Revenue Department.

Respected Sir, , as you are aware, more than 580 cases have been filed by the Haryana State Pollution Control Board, Faridabad against the farm land owners at Aravali Retreat, Village Raisina, Tehsil Sohna, District Gurgaon and the main issue under consideration before the Honourable Environment Court, Faridabad is whether “Aravali Notification dated 7.5.1992 is applicable to Aravali Retreat or not”

The Honourable Environment Court has already given judgement in more than 18 cases wherein it has been clearly adjudged by the Honourable Environment Court that the Aravali Notification dated 7.5.1992 is not applicable to Aravali Retreat.  Few of the names are being mentioned hereunder. Copies of seven such judgements are being enclosed herewith for your kind information. Annexure – I – A B C D E F

1.       Ms. Yashika, HCS (Judicial) Presiding Officer, Special Environment Court, Faridabad and Shri Ramawatar Pareek, Presiding Officer-cum-JMIC, Special Environment Court, Faridabad it has been 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 House”. 

1. HSPCB V/s Sunil Kalra

2. HSPCB V/s Prateek Shrivastav

3. HSPCB V/s Mrs. Raj R Gupta

4. HSPCB V/s Ansal Properties and Infrastructure Ltd.

5. HPSCB V/s Vijay Malik AND 50 MORE JUDGEMENTS

In three such matters 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 appeals so preferred on the matter were dismissed by the Honourable High Court of Punjab & Haryana, Chandigarh.  Copies of the judgement dated 16.07.2015 are enclosed herewith for your kind information. Annexure–III A B C

The above judgements are therefore clearly indicative of the fact that the land in question is a farm house and that the notification of the Government of India issued by the Ministry of Environment and Forests SO No. (19) Dated 7^th May 1992 commonly known as Aravali Notification is not applicable in respect of the farm houses sold by Ansal Group in village Raisina, Tehsil Sohna, District Gurgaon commonly known as Ansals Aravali Retreat.

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 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 7^th May 1992 (of MoEF) were categorised as “Farm House”…. then this Notification will not be applicable. (Annexure 4)

In view of the facts and the details mentioned above, we  FEEL IT WOULD BE WRONG ON THE PART OF THE TEHSILDAR, SOHNA NOT TO REGISTER THE PROPERTIES OF THE BUYERS WHO HAVE BOUGHT THE REGISTERED PROPERTIES FROM THE SELLERS OR THE BUYERS WHO ARE BUYING FROM THE DEVELOPER M/S ANSALS PROPERTIES & INFRASTRUTURE LTD. AFTER HAVING PAID THEM THE FULL AMOUNT

I therefore, request your kind and personal indulgence in giving INSTRUCTIONS TO THE TEHSILDAR, SOHNA TO KINDLY REGISTER THE PROPERTIES AT ANSALS ARAVALI RETREAT AFTER PAYMENT OF  THE NECESSARY FEE AT THE CIRCLE RATES FIXED BY THE GOVERNMENT.

I shall be extremely grateful for advising the Tehsildar, Sohna to register the properties being sold at Ansals Aravali Retreat, Village Raisina, Tehsil Sohna.

Thanking you,

Yours faithfully

KULDEEP KUMAR KOHLI 

Copy to:

Shri D Suresh, IAS,

Divisional Commissioner,

Civil Lines,

Near D C Residence,

Gurgaon – 122001

Haryana

Email: commgrg@hry.nic.in