M.M. RAKHEJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) , C&S (Reh.) The above two petitions have been filed under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 against the orders dated 22.5.98 passed by the Chief Settlement Commissioner, Haryana, Chandigarh. Both these petitions are against a composite order of the Chief Settlement Commissioner, Haryana. The cases were also argued jointly. Since the facts and issues involved in these cases are similar in nature, therefore, the same are being decided together by a single order, copy to be placed on each file.

(2.) BRIEFLY , the facts are that a place of land measuring 200 Sq. Yd. in NIT, Faridabad was offered for transfer to Shri M.M. Rakheja, the petitioner in case No. 33(17) 98 by the Tehsildar (Sales)-cum-Managing Officer, Faridabad vide letter No. 1008/MO/TSF/22.6.89 on the basis of his possession for a price of Rs. 1,40,000/-. This area was part of the compensation pool property which was in unauthorised occupation of the petitioner. This offer was however subject to approval of the competent authority. The Chief Settlement Commissioner on 11.3.94 remanded the case to Tehsildar (Sales) for deciding the matter. The Tehsildar (Sales) again sent the case to the Chief Settlement Commissioner in December, 1994. The case remained pending for a policy decision of the Government with regard to the change of use of the land. Similarly, a piece of land measuring 54 Sq. Yds. was offered by the Tehsildar (Sales) on 22.6.89 for transfer to Sh. Satish Parnami, the petitioner in case No. 33(18) 98 for a price of Rs. 16,200/-. This offer was also subject to approval of the Chief Settlement Commissioner. The price of the land was also got deposited. However, after hearing the parties and seeing the record the Chief Settlement Commissioner, Haryana cancelled the above offers vide his orders dated 22.5.98. It is against this order that the present petitions have been filed.

(3.) I have considered the submissions made by the both sides and also gone through the facts of this case. The offers of transfer of the land in dispute made by Tehsildar (Sales) in the year 1989 in favour of the petitioners have been cancelled by the Chief Settlement Commissioner, Haryana vide impugned orders on the ground that the land in dispute is part of the area earmarked for a park and the department has already transferred this land to the Municipal Corporation, Faridabad. The Tehsildar (Sales) was thus not competent to offer or transfer this land to the petitioners. Technically the order of the C.S.C. is correct. However, it is revealed that the land in dispute was transferred to the then Faridabad Complex Administration by the Rehabilitation Department for developing a park on it long ago. This fact has not been disputed by the petitioners also. But the Faridabad Complex Administration never set up any park on this area. It is admitted case that the entire area has been built up and there is no possibility of retrieving the land back for establishment of a park. The C.S.C. in some other cases viz. Naurang Wood Works, Janta Tent House, Jatha Ram has already been approved the transfer of this land. The C.S.C. after visiting the site has observed in those cases that the entire land earmarked as park has been built up. No park ever existed not it exists today. The C.S.C. has also suggested that this land should be taken back by the Rehabilitation Department and sold to the occupants as per policy of the Government. In view of the circumstances of the case, I feel that no useful purpose will be served in cancelling the offers of transfer made by the officers of the department as there is no trace of any park at the ground and occupants would continue as unauthorised occupants of this land. The case which already been finalised should not be reopened now. It is for the Municipal Administration of the Faridabad to take appropriate action in the matter. The impugned order is therefore set aside. Petition accepted. Announced. Petition accepted.