KULDEEP KOHLI - PETITION ARAVALI MEASUREMENT

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.

Thanking you,

Yours faithfully

KULDEEP KUMAR KOHLI