- (1.) The petitioners-Subhash and others filed the present CWP No.3523 of 2008 in the nature of public interest for directing the State of Haryana through the Deputy Commissioner, Kaithal; Senior Superintendent of Police, Kaithal and SHO Police Station Kalayat, District Kaithal (respondents No.1 to 3) to take action against the encroachers, who it was alleged, had illegally occupied public ponds in village Kalayat, Tehsil and District Kaithal in the State of Haryana. According to the petitioners, an area measuring 121 Kanals comprised in different khasra numbers of the village mentioned various parcels of land as 'Gair Mumkin Johar' (village pond), which were meant for the common use of the residents of the village. The area of the village was included within the limits of Municipal Committee, Kalayat and the village land came to vest in the Municipal Committee in terms of Section 2 (22-B) of the Haryana Municipal Act, 1973. However, the municipality though it was liable to take care of the land and maintain it yet some residents of the village started alienating portions of the said land to different persons, who in turn started filling up the ponds for raising buildings by constructing on the same and for other purposes. This caused serious prejudice to the interest of the municipality and the people residing within the municipal area.
(2.) The petition was disposed of by a Division Bench of this Court on 04.11.2008 with the directions to the Deputy Commissioner, Kaithal to personally look into the matter and if necessary visit the spot to determine the true nature of the land, i.e. as to whether the same constitutes ponds meant for common use by the residents of the area, or private property. In case the Deputy Commissioner after verification of the record and site conditions came to the conclusion that the land in question was indeed municipal property, he was to direct the Municipal Committee to take immediate steps for preventing any encroachment, sale, transfer or misutilisation of the same. He was also to identify the officers employed within the Municipal Committee who could and ought to have taken steps for protecting the public property but who have failed to do so for whatever reasons. The petitioners in the writ petition were permitted to associate with the Deputy Commissioner in this process. The Deputy Commissioner was also free to hear the respondents No. 6 to 9 to know their point of view. It was made clear that while the Deputy Commissioner was not the final authority to determine the title of the land, however, on prima facie basis, if he was of the opinion that the land actually belongs to the Committee, the Committee could initiate proceedings for eviction of the unauthorised occupants and restore the land for its possession for such use as may be otherwise permissible in accordance with law. It was mentioned as needless to say that in the course of any such proceedings, the encroachers/persons in illegal occupation, shall have an opportunity of being heard and establish their right to stay in occupation of the land in question. The Municipal Committee, it was observed shall cooperate with the Deputy Commissioner for compliance with all such directions regarding protection of public property under the unauthorised occupation of the private occupants, as may be issued by the latter pursuant to the said order. The writ petition was accordingly disposed of.
(3.) After the writ petition was disposed of on 04.11.2008, the present CMs No.9839 of 2016 and 9840 of 2016 have been filed by Virender Dev @ Lila Ram and fifteen others on 10.08.2016. In CM No. 9839 of 2016, the said applicants Virender Dev @ Lila Ram and others, residents of Ward No.6, Kalayat District Kaithal, pray for impleading them as respondents in the writ petition, i.e. CWP No.3523 of 2008 titled 'Subhash and others v. State of Haryana and others'.;