SURESH KUMAR Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) This common order shall also dispose of Civil Writ Petition Nos.2984 of 2006 (M/s Jagdamba Medicos and others versus State of Haryana and others) and 2988 of 2006 (S.D.Arora and others versus State of Haryana and others), as all these petitions involve the controversies some what similar in nature and a common question of law as regards the jurisdiction of the Municipal Corporation of Faridabad over the properties in question in respect of the impugned different types of violations after the expiry of the terms of their Tenancy Agreements with the Haryana Housing Board. By invoking the writ jurisdiction of this Court, the petitioners have prayed for issuance of a writ of certiorari quashing (i) the judgment dated 27.1.2006 (Annexure P-14) passed by learned District Judge, Faridabad, in the Statutory Civil Appeal No.84 of 2.1.2006 and other connected ones filed under Section 261(2) of the Haryana Municipal Corporation Act, 1994 (for short 'the 1994 Act'); (ii) the memo No.CVO-EO-2005/23614-23624 dated 14.9.2005, Annexure P-7, (proceedings of the meeting convened by the Chief Secretary to the Government of Haryana on 5.9.2005 at 4.15 PM towards compliance of this Court's order dated 21.7.2005 in CWP No.96 of 1997); (iii) the decisions taken in the said meeting, and (iv) the order dated 22.2.2006 passed by the Joint Commissioner, Municipal Corporation, Faridabad, Annexure P-16, (for taking action against the misuser, illegal change of land use, encroachments and unauthorised constructions in the residential areas).

(2.) It appears that the Haryana Housing Board (for short 'the Board') allotted the residential houses in question to the petitioners in various sectors of its colonies at Faridabad, sometime 25-35 years back (starting from early 1970) under a hire purchase scheme. A standard Hire Purchase Tenancy Agreement was entered into between the parties in all the individual cases. Ostensibly, the scheme was floated and the agreements were entered into under the provisions of the Haryana Housing Board Act, 1971 (for short 'the 1971 Act') and the rules and regulations framed thereunder. On the expiry of the terms of agreements and conveyancing of the properties in their names, allottees are said to have become the absolute owners of the houses on payment of the total costs thereof. Admittedly, they are doing trading/commercial activities by running small shops in their houses; notwithstanding the facts that the houses were allotted under a scheme on concessional rates to them being economically weaker sections of the society; only for the residential purpose. With the passage of time, the said colonies became a regular market. Hence, a Civil Writ Petition (No.287 of 1995) was filed before Hon'ble the Apex Court by all Sectors (HUDA) Market Welfare Association against the State of Haryana and others, seeking direction to stop commercial activities in residential houses of the Haryana Housing Board Colonies. However, the Secretary of the Board filed an affidavit in the said writ petition stating that after the expiry of the terms of Hire Purchase Tenancy Agreements, the Board has ceased to have authority and control over the premises in question. Vide an order dated 19.11.1996 of Hon'ble the Apex Court, the said writ petition was transferred to this Court, which was registered as CWP No.96 of 1997. This Court vide an order dated 21.7.2005, directed the Chief Secretary, Government of Haryana, to convene a meeting of the Heads of the Board, HUDA, MCF and Town and Country Planning Department, to sort out and resolve as to which authority has jurisdiction and power to take action against the alleged misuser of the premises, encroachments and violations, including additions and alterations. It appears that in a meeting convened on 5.9.2005, the concerned authorities took certain decisions (Annexure P- 7) and pursuant thereto, instructions were issued to all the Zonal Administration and all the Estate Officers, HUDA, to take necessary action in accordance with decision of the meeting. The Joint Commissioner, Municipal Corporation, Faridabad, Old Zone, issued notices to some of the allottees under the Haryana Urban Development Authority Act, 1977 (for short 'the HUDA Act'), and also under Sections 250, 254, 261 and 265(1) of the 1994 Act, calling upon the petitioners to show cause within a period of 3 days as to why an order under Section 261 of 1994 Act be not passed. After replies were received and considered, vide the order dated 20.12.2005, the petitioners/allottees were directed to stop the commercial activities and misuse of the residential premises. They were also directed to remove the unauthorised construction and encroachments over the premises in question within a period of 3 days, or else face the demolition.

(3.) The aforesaid order of the authorities was challenged in CWP No.20367 of 2005, which was dismissed as withdrawn with liberty to take recourse to any other appropriate remedy as available under the law. Accordingly, the petitioners preferred statutory appeals under Section 261 (2) of 1994 Act for setting aside the order dated 20.12.2005.