- (1.) Challenge in the present writ petition is to the grant of license No.170 of 2008 for development of Group Housing Scheme granted to M/s Central Government Employees Welfare Housing Organization respondent No.4, subsequently transferred to M/s Capital Builders respondent No.5 and still subsequently to M/s Angle Infrastructure Pvt. Ltd. respondent No.6.
(2.) The petitioner was one of the co-owners along with respondent No.4 and M/s Rhino Builder in the land measuring 32 Kanal 7 Marla situated in Village Gazilpur Jharsa, Tehsil & District Gurgaon to the extent of land measuring 8 Kanal 1 Marla. However, out of the remaining land, 8 Kanal 2 Marla was owned by Central Government Employees Welfare Housing Organization respondent No.4 and 16 Kanals 4 Marla was owned by M/s Rhino Builder. Government Employees Welfare Housing Organization respondent No.4 initiated partition proceedings for the partition of joint land measuring 32 Kanal 7 Marla. The said application was allowed by the Assistant Collector, but the Financial Commissioner set aside such partition proceedings on 15.05.2013 (Annexure P-3). The subsequent challenge to the said order remained unsuccessful before this Court. Admittedly the matter is pending before the Hon'ble Supreme Court in a Special Leave Petition. The consequence of the passing of the order of setting aside the partition proceedings is that there are three owners, who shall in law be deemed to be joint owners of land measuring 32 Kanal 7 Marla.
(3.) Another fact, which may be noticed, is that out of land measuring 32 Kanal 7 Marla, land measuring 24 Kanal 5 Marla was acquired 'for development & utilization for 90m wide Southern Peripheral Road and its 30m wide green belt on both sides' vide notification dated 25.11.2008 issued under Section 4 of the Land Acquisition Act, 1894. Award No.60 for the year 2009- 10 was announced in respect of such land. Therefore, three owners shall be deemed to be the co-owners of remaining land measuring 8 Kanal 2 Marla i.e. 1/4th share each of the petitioner and respondent No.4 and 1/2 share of M/s Rhino Builders.;