- (1.) As identical questions of law and facts are involved, therefore, I propose to dispose of above indicated writ petitions, by virtue of this common judgment, in order to avoid the repetition. However, the facts, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant writ petitions, have been extracted from (I) CWP No. 8028 of 2007 titled as "The Col. Education Society v. Stale of Haryana and Ors.", in this context.
(2.) The contour of the facts, culminating in the commencement, relevant for disposal of the present writ petitions and emanating from the record, is that Petitioner-The Col. Education Society (for brevity "the Petitioner-society") is running an Institution under the name and style of Gyan Devi Senior Secondary Public School, Sukhrali, situated in Sector 17, Gurgaon. The Respondents claimed that the Petitioner-society raised unauthorized and illegal constructions in the controlled area in complete violations of the provisions of the Government of India Gazette Notification dated 22.5.2001 issued under Sections 3 and 7 of the Works of Defence Act, 1903 (for short "the Defence Act") by the Ministry of Defence; provisions of The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (hereinafter to be referred as "Act No. 4J of 1963") and the Haryana Municipal Act, 1973 (for brevity "the M.C. Act") etc.
(3.) Exhibiting a great concern of violations of the provisions of Act No. 41 of 1963, a Division Bench of this Court in case United Riceland Ltd. v. State of Haryana and Ors.,1998 1 PunLJ 462 , inter-alia ruled as under: The doctrine of prospective over-ruling cannot be invoked for nullifying the actions taken by the Respondents. However, in view of the statement made by the learned Advocate General in the light of the observations made by the Court, we direct the Government to bring about suitable amendment in the 1963 Act to provide for constitution of a Tribunal to deal with and examine the cases involving constructions made upto 28.4.1995 in violation of 1963 Act along scheduled roads and otherwise. Such Tribunal shall be headed by a retired Judge of the High Court and include among others an officer of the rank of Chief Engineer (serving or retied) having special knowledge about roads and highways. This Tribunal will examine the orders passed for demolition of the properties of the Petitioners on the ground of violation of Section 3 etc. of the Act and decide whether or not the impugned constructions should be allowed to stay. The Tribunal will also decide whether the claim of exemption made by some of the Petitioners is sustainable or not. Such Tribunal shall also be empowered to hear appeals against the orders which may be passed thereafter for demolition of the constructions made in violation of 1963 Act and the Rules framed thereunder. Till the Tribunal decides the cases involving the constructions raised in violation of 1963 Act and the Rules framed thereunder as interpreted hereinabove, the buildings and constructions made prior to 28.4.1995 shall not be demolished. We hope that appropriate steps for amendment of the Act and constitution of the Tribunal will be taken within a period of six months. The Government shall also amend the 1963 Act so as to provide the substantive punishment to the persons who raised construction in violation of the provisions of the Act and the Rules. Appropriate amendment may also be made for imposition of deterrent fine on the violators of the 1963 Act and the Rules. However, all remaining encroachments and constructions made on land forming part of the road plan shall be removed by the authorities. All the Courts in Haryana before whom cases involving illegal encroachments and constructions made in violation of 1963 Act and Rules framed thereunder are pending shall take steps to decide such cases as early as possible by giving them priority in the matter of fixing of dates. Any construction made in future in violation of the provisions of 1963 Act and the Rules framed thereunder shall not only be demolished after following the procedure prescribed by the 1963 Act but the person responsible for such construction shall be prosecuted under the Act. The Government of Haryana should constitute Special Court, in consultation with the High Court, for expeditious disposal of cases involving offences under the 1963 Act. The Government shall also take appropriate administrative action against the official due to whose connivance or negligence illegal constructions may hereafter be raised.;