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
IN THE COURT OF
ADDITIONAL CIVIL JUDGE,
SENIOR DIVISION SOHNA
Kuldeep Kumar Kohli S/o Late Shri Prem Nath Kohli R/o 200B, Street
No. 3, Ram Chowk, Sadh Nagar, Part-I, Palam Colony, New Delhi-110045.
---Plaintiff--
Versus
(1) State of
Haryana through Collector Gurgaon, Tehsil & District Gurgaon.
(2)
C.R.O. Tehsildar, Sohna, Tehsil Sohna, District Gurgaon.
(3)
Girdwar Halqua Village Raisina, Tehsil Sohna, District Gurgaon.
(4)
Halqua Patwari, Village Raisina, Tehsil Sohna, District Gurgaon.
---Defendants--
Suit for Declaration with the Consequential Relief of
Mandatory Injunction & Permanent Injunction
Sir,
The plaintiff most
respectfully submits as under:-
1.
That the plaintiff is
owner and in exclusive possession of farm bearing No. A 2, Ansals Aravali
Retreat which is part and parcel of Khewat No. 65, Khatoni No. 94, Rect. No.
9//23Min, 24Min and Rectangle No. 24//2 Min, 3 Min, Total measuring 8 Kanal
situated within the revenue estate of Village Raisina, Tehsil Sohna, District
Gurgaon by way of registered sale deed bearing Vasika No. 1568 dated
09.06.2005, registered in the office of Sub Registrar Gurgaon and shown as “Gairmumkin Farm” in the Jamabandi for
the year 1990-91, 1995-96, 2000-01, 2005-06. Copy of Sale Deed and Jamabandi for
the year 1990-91, 1995-96, 2000-01, 2005-06 are attached herewith. (Annexure 1,
2, 3, 4 and 5)
2.
That previously above land
was owned and possessed by M/s Ansal Properties and Industries Ltd. who
developed the same in the shape of Farm House and after developing the said
land and they marked separate Farm No. of the land and sold the same to the
various purchasers including the plaintiff. The plaintiff is using the said
land as Farm House and the entries as “Gairmumkin
FARM HOUSE” have been incorporated in the Girdhawari for the year Oct 1991
to Feb 2006 and Jamabandi for the year 1990-91, 1995-96, 2000-01, 2005-06
respectively. Copies of the Girdhawari for the year Feb 1991 to Feb 2006.
(Annexure 6)
3.
That the said Farm House
land bearing Farm No. A 2 in the Ansals Aravali Retreat in Village Raisina,
District Gurgaon was specifically described in the sale deed bearing Vasika No.
1568 dated 09.06.2005 as a piece of land admeasuring 1 acre bearing distinct
No. A2 covered by Rect. No. 9, Killa No. 23 Min, 24 Min, Rect. No. 24, Killa
No. 2Min, 3Min of Khewat No. 58, Khata No. 94 total kita 856, total area 6612
Kanal 7 Marla to the extent of 160/132247 share i.e. 8 Kanal. The sale deed
also confirmed that the said farm is free from all sorts of encumbrances, lien,
charges etc. and the promoters has the full right and authority to sell the
land. The sale deed clearly specified "Whereas the promoters alongwith its
associates companies i.e. M/s Elite Developers Ltd., M/s Delhi Towers and
Estate Pvt. Ltd. M/S Green Park Theaters Associated Pvt. Ltd. purchased land in
Khewat No. 28/15, Khata No. 75/53 and Khewat No. 29/16, Khata no. 76/54 of the
revenue estate of Village Raisina for the promotion and development of farms
under its scheme to be known as ARAVALI RETREAT in and around village Raisina,
District Gurgaon, Haryana and whereas the promoter has entered into
arrangements with its associates companies to develop the entire land to carve
out and sell farm of difference sizes and dimensions and to realize the sale
price from the intending buyers and whereas the said land was waste land and
hilly terrain the Promoter has reclaimed the said land for the successful
promotion and completion of its aforesaid scheme of developing the said land
into farm units and for that purpose the Promoter has divided the said
land into separate units to be sold to individual Buyer although the
scheme has certain common roads approach roads and some area and facilities
meant for the common use of buyer of the farms visitors etc "Sale deed
further states: “Whereas on the application of the buyer, the promoter
had allotted to the Buyer Farm No. A-2, in the aforesaid scheme
allotment dated 03.10.1991 for a consideration of Rs. 3,65,000/- on the terms
and conditions stipulated in the said allotment and duly accepted by the buyer
after being satisfied that the promoter had the right and authority to sell the
said Farm and the said Farm is free from all sorts of encumbrances, lien,
charges whatsoever; AND “WHEREAS the buyer has desired that the aforesaid Farm
be now transferred to him and the promoter has agreed to the same.” Hence what
Ansals had to sell to the applicant in no uncertain terms is a Farm.
4.
That the plaintiff was
given to understand that the entry in the revenue records was being changed at
the back of the Farm Land Owners to “GAIRMUMKIN PAHAD” and that to without
serving upon the Plaintiff any notice.
5.
That the plaintiff then
approached the office of the Patwari for the Girdhawari and the Jamabandi since
October 1991 and the same was not provided to him. The plaintiff then
subsequently approached the Learned Deputy Commissioner, Gurgaon vide his letter
dated 04.05.2016 to provide him the copies of the Girdhawari for last 25 years
on 05.05.2016. A copy of plaintiff request
dated 04.05.2016 is enclosed herewith. (Annexure 7)
6.
That the plaintiff together
with other owners of the farm houses at Ansals Aravali Retreat had also
approached the Deputy Commissioner, District Gurgaon vide letter dated
05.5.2016 of the Raisina Aravali Retreat Resident Welfare Association to
restrain the Patwari, Raisina from making any change in the Girdhawari and
Jamabandi because according to law, Girdhawari
is recorded as per the facts on the ground. Since there has not been any change
since the Girdhawari of October 1991 when it was recorded as “Gairmumkin Farm HOUSE” as per the facts
on the ground and the Jamabandi for the year 1990-1991 and it has remained
“GAIRMUMKIN FARM HOUSE” in the Girdhawari from October 1991 to February 2006
and the Jamabandi of 1990-1991, 1995-1996, 2001-2002 and 2005-2006 hence it
should remain “GAIRMUMKIN FARM HOUSE” only as per the factual status on the
ground for the Girdhawari from October
2006 till date as well as Jamabandi for 2010-2011 and 2015-2016.
7.
That
during the meeting of the Plaintiff and
other members with the respected Deputy Commissioner on 05.05.2016 the
Plaintiff and other members had
informed him of the decision of the Honourable Special Environment Court,
Faridabad wherein it has been held that the entry in the revenue records of the
land being “Gairmumkin Farm House”
since October 1991 is correct and hence Aravali Notification is not applicable
on the 1200 acres of land known as Ansals Aravali Retreat where our “Gairmumkin Farm Houses” are situated and
hence requested him to ensure that the entries in the Revenue Records of
Girdhawari & Jamabandi should remain “Gairmumkin
farm house ” only as per the factual status on the ground and should not
be changed to “Gairmumkin Pahad”
and we were advised to move the Civil Court in the matter and get the
necessary entries in the Girdhawari corrected.
8.
The Deputy Commissioner,
Gurgaon ordered the Girdhawari to be given to the plaintiff based on his
request dated 04.05.2016. A copy of the order is enclosed herewith for your
ready reference. (Annexure 8).
9.
The Girdhawari for the period
October 1991 till Feb 2016 were given to the plaintiff subsequently based on
the orders of the Deputy Commissioner, Gurgaon and the plaintiff noticed from
the Girdhawari that same has been changed to “Gairmumkin
Pahad” from “Gairmumkin farm
house” wef Oct 2006 till Feb 2016.
10.
That since the plaintiff was
not being given the Girdhawari and the Jamabandi earlier, he had already moved the Hon’ble Court of Additional
Civil Judge, Senior Division Sohna vide his petition dated 27.05.2016, praying “that
a decree for mandatory injunction directing the defendants to supply the
certified copies of Jamabandi since the year 2005-2006 up to till today qua the
suit land fully detailed and described in para no.1 of the plaint and on the
supply of the Jamabandi if the same is found as “Gairmumkin Pahad” then the said Jamabandi may kindly be
declared illegal, null and void and be liable to be corrected as Farm House/
Bag-Bagicha as per previous entry reflected upon the Jamabandi for the year
2005-2006 along with consequential relief of permanent injunction restraining
the defendant from changing and altering the revenue entries in the Jamabandi
may kindly be passed in favour of the plaintiff and against the defendant with
cost of the suit. Any other relief deemed proper be also granted to plaintiff.”
11.
That the Hon’ble Court of
Additional Civil Judge, Senior Division Sohna was kind in ordering Status quo
be maintained till the next date of hearing.
12.
That the plaintiff sometimes
later, after the order of the respected Deputy Commissioner, though got the
Girdhawari for the period October 1991 to Feb 2016 but did not get the
Jamabandi for the period 2010-2011 and 2015-2016 and by then the Plaintiff had
already filed a suit before the Honourable Additional Civil Judge, Senior
Division Sohna.
13.
That the plaintiff had
been approaching the Patwari, Tehsil Sohna from last 4 years for the Jamabandi
for the period 2010-2011 and 2015-2016 and was denied the same but on
approaching him again after filing of the suit before the Honourable Additional
Civil Judge, Senior Division Sohna in the month of Sept 2016 the Plaintiff was
informed that the same has not been yet prepared by the Revenue Department for
the period 2010-2011 and 2015-2016.
14.
That the plaintiff
accordingly, in view of the changed facts and circumstances submitted an
application under order VI rule 17 of CPC for amendment of pleadings which was
granted by the Hon’ble Court of Additional Civil Judge, Senior Division Sohna
and the request of the Plaintiff was granted. A copy of the order of the Hon’ble
Court of Additional Civil Judge, Senior Division Sohna is enclosed
herewith. (Annexure 10)
15.
That the plaintiff having understood from the fellow farm owners and
through the written statement filed by the defendant no. 2 to 4 before the
Hon’ble Court of Additional Civil Judge, Senior Division Sohna was given to
understand that the entry in the revenue records has been changed at the back
of the Farm Land Owners to “GAIR MUMKIN PAHAD” by misconstruing the order dated
21.9.2006 of the Collector Gurgaon which reads inter alia “HENCE ALL CIRCLE
REVENUE OFFICERS ARE ORDERED THAT BASED ON THE FACTS AT THE SPOT (MAUKA ANUSAR) THE GIRDHAWARI OF
THE ARAVALI HILLS MAY BE CORRRECTED TO GAIRMUMKIN PAHAD”.
16.
That it appears to the
Plaintiff that the revenue officer, based on the orders of the collector,
having misconstrued the same and in in an act of over enthusiasm, has changed
the entries in the revenue record, behind the back of the plaintiff and without
serving upon any notice to the plaintiff causing him irreparable loss and
mental agony.
17.
That it is a law that the Girdhawari is recorded as per “Mauka
Anusar” and hence there was nothing wrong in the order of the Collector.
18.
That the revenue officer, it
appears misconstrued the orders and changed the entry in respect of the
plaintiff’s farm house to “GAIRMUMKIN PAHAD” from “GAIRMUMKIN FARM HOUSE”.
19.
That
since there has not been any change in the factual position on the farm land since
Girdhawari of October 1991 and Jamabandi for the year 1990-1991 when it was recorded
as “Gairmumkin Farm house” as per “Mauka Anusar” and it has remained “GAIRMUMKIN FARM HOUSE” in
the Jamabandi of 1995-1996, 2000-2001 and in the Girdhawari up to February 2006
hence it should remain “Gairmumkin farm house”
only as per “Mauka Anusar” even
till date.
20.
That learned Commissioner,
Haryana State Pollution Control Board, Gurgaon had requested Learned
Commissioner, District Gurgaon to hold an enquiry into the factual basis on
which the change in Girdawari of Rabi 1991 from “Gairmumkin Pahar” to “Gairmumkin
Farm House” in the village Raisina was made vide letter No
HPSCB/2008/2636 dated 29.1.2009. A copy of the letter is enclosed herewith.
(Annexure 11). Upon this the Ld. Commissioner, District Gurgaon directed to Ld.
Deputy Commissioner to hold the enquiry who directed the Sub Divisional Officer
and who in turn directed the Tehsildar, Sohna to conduct the enquiry.”
21.
That based on the said
orders, a detailed report was then submitted by the Tehsildar, Sohna after
conducting a detailed enquiry into the factual basis on which change of
Girdawari was effected in October 1991. A copy of the report is enclosed
herewith. (Annexure 12).
22.
Based on the said report
of the Tehsildar, the learned Commissioner, District Gurgaon, then informed the
Commissioner, Haryana State Pollution Control Board vide his letter dated
5.1.2011 ( Annexure 13) confirming that the Deputy Commissioner has sent a
detailed report vide letter No. 2753/SK dated 21.12.2010l ( Annexure 14) and
after examining the report and the record it has been found that the
development of the area has been done by Ansals Properties & Industries
Ltd. before October 1991 and it is only after lot of development was done that
Halqa Patwari based on the reality on the ground (MAUKA ANUSAR) had
made the entry in the Girdawari of
October 1991 as ‘GAIRMUMKIN FARM HOUSE”. A copy of the report is enclosed
herewith. (Annexure 15). The entries
from October 1991 to February 2006 remained ‘GAIR MUMKIN FARM HOUSE”.
23.
That the report of Ld.
Patwari further states that the expenses incurred by the Ansals are Two Crore
Thirty Eighty Lac Thirty Nine Thousand Five Hundred Thirty Five
rupees. (2, 38, 39, 535.00).
24.
Thus
the report only indicates that proper procedure was followed and neither of the
authorities objected upon the change in Khasra girdawari of Oct 1991 till
February 2006 and its subsequent incorporation in the Jamabandi of 1990-199,
1995-1996, 2000-2001 and 2005-2006.
25.
When the Patwari himself has said in his enquiry report No.
756/Reader dated 2.4.2010 which has been accepted by the Learned Deputy
Commissioner and then Learned Commissioner, District Gurgaon that the entries
in the Girdawari were changed Mauka Anusar to “GAIRMUMKIN FARM HOUSE”, it would
then be wrong on the part of the revenue officers to have colluded and changed
the entries back from “GAIRMUMKIN FARM HOUSE” TO “GAIRMUMKIN PAHAD” at the back
of farm land owners.
26.
That A District
Collector, often abbreviated
to Collector, is the foremost Indian Administrative Service officer in charge of revenue collection and
administration of a district in India. Since District
Collector also have executive magisterial powers, this post is also called District Magistrate and
as they work under the supervision of Divisional Commissioner this post is also
known as Deputy Commissioner .
The Collector is assissted by Deputy Collectors, Assistant Collectors, Sub
Collectors and individual tahsildars of each taluk in the district.
27.
That when the foremost Indian Administrative Service Officer
in charge of revenue collection and administration of a district in Gurgaon has
agreed to the justified change of Girdhawari TO GAIRMUMKIN FARM HOUSE in
the year October 1991 and that the same having remained so in the Girdawari
from October 1991 to February 2006 and Jamabandi
for 1990-1991, 1995-1996, 2001-2001 and 2005-2006, it is absolutely unjustified
on the part of the Revenue Officers to have changed to GAIRMUMKIN PAHAD by
misconstruing the orders of the Learned Collector as per the Land Record
Manual.
28.
That various judgements
have been given by the Honourable Special Environment Court, Faridabad wherein
it has been repeatedly held that the
land in question at Ansal Retreat is Gairmumkin farm land and not Gairmumkin
Pahad hence the Aravali notification dated 7th May 1992 is not
applicable.
29.
That more than 27 appeals were filed by
the HSPCB before the Honourable High Court
of Punjab & Haryana against the decision of the Honourable Special
Environment Court and all the 27 appeals were dismissed by the Honourable
High Court of Punjab & Haryana vide order dated 1.12.2016. A copy of
the high court order is enclosed herewith for your kind information. (Annexure
16)
30.
That it is very clearly
evident from the records and the enquiry reports of Tehsildar Sohna
submitted to the Commissioner, Gurgaon through the Deputy Commissioner, Gurgaon
that after the complete development of the entire area through various
processes described above, Ansals Aravali Retreat was changed in the revenue
records of Tehsil Sohna as “Gairmumkin
Farm House” from “Gairmumkin
Pahad”.
31.
That it is also very clear
from the Girdhawari issued by the Revenue Department of Tehsil Sohna Oct 1991
till Feb 2006 and the Jamabandi for the year 1990-91, 1995-96, 2000-2001 and
2005-2006 that the area was shown as “Gairmumkin
Farm House” only in the records of the Revenue Department.
32.
That once the area was
converted into “GAIRMUMKIN FARM HOUSE” and was maintained so for almost 16
years i.e. from October 1991 till February 2006, there is no reason for the Revenue Department
of Tehsil Sohna to revert the Entry to “Gairmumkin
Pahad” with effect from October 2006 as the greenery of the plot has only
increased.
33.
That since the area has
further been added with tons of sweet soil and plantation of fresh trees, to
change the revenue records to “Gairmumkin
PahaD” without any reason and without any logic is not only illegal but
a total harassment to the innocent Plaintiff.
34.
That as per the Revenue
records the entire land is a Shamlet land meaning in the revenue records it is
shown that the different individuals own the land collectively. This
means that while the share of each individual can be deciphered, one cannot
indicate the exact land parcel of individual. It is difficult to
ascertain the actual owner and address of the person who is holding the land.
35.
That in such a situation
to record some area as Farm House and some area as “Gairmumkin PahaD” speaks high handedness of the officers of
the Revenue Department and smells of certain conspiracy to harass Plaintiff
with malafide intentions.
36.
That as per the Land
Revenue Manual, Government of Haryana, Para 9.9 sub para F and as stated by
District Revenue Officer in his report, the Circle Revenue Officer can correct
the wrong entries before the entries are made in the Jamabandi. A copy of the
Report of the District Revenue Officer is enclosed herewith as Annexure 17.
37.
That
since the entries in the Girdhawari from October 2006 have been made wrongly
and since the Jamabandi has not been finalised for the period 2010-2011 and
2015-2016 and since as per the Land Revenue Manual, Government of Haryana, Para
9.9 sub para (f) and as stated by the District Revenue Officer in his report,
The Circle Revenue Officer can correct the wrong entries in the Girdhawari before the entries are made
in the Jamabandi, the plaintiff humbly prays as under:
I.
Kindly
direct the Defendants 1 to 4 to take immediate action to delete the wrong
entries in the Girdhawari from October 2006 till date and correct the same as
per the factual position on the ground i.e. ‘GAIRMUMKIN FARM HOUSE”.
II.
Kindly
direct the defendants not to prepare any Jamabandi for the year 2010-2011 and
2015-2016 till the records of the Girdhawar are corrected from October 2006 till date and a stay may
kindly be granted from finalising the Jamabandi for the year 2010-2011 and
2015-2016.
III.
Kindly
direct the defendants to prepare the jamabandi for the year 2010-2011 and
2015-2016 once the records in the Girdhawari are corrected for the period
October 2006 till date.
IV.
Kindly
grant a decree for mandatory injunction directing the defendants to ensure that
in case a Jamabandi for the year 2010-2011 and 2015-2016 has been prepared with
entries as “GAIRMUMKIN PAHAR”, then the said Jamabandi may kindly be declared
illegal, null and void and liable to be corrected as GAIRMUMKIN FARM HOUSE/Bag
Bagicha as per previous entry reflected upon the Jamabandi for the year
2005-2006 along with consequential relief of permanent injunction restraining
the defendants from changing and altering the revenue entries in the Jamabandi
may kindly be passed in favour the Plaintiff and the against the defendants
with cost of the suit.
V.
Any
other relief deemed proper be also granted to the plaintiff.
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