Hemant Gupta, J. - (1.) THE present petition for issuance of a writ in the nature of quo warranto is against the appointment of Rakesh Kumar, respondent No. 4, as Chief Vigilance Officer -cum -Enforcement Officer of Haryana Urban Development Authority (hereinafter to be referred as "HUDA") constituted under the Haryana Urban Development Authority Act, 1977 (hereinafter to be referred as "the Act").
(2.) HUDA was established by the Act of the State Legislature to undertake urban development in the State of Haryana. The said Authority, a body corporate as well as a local authority. It has a Chairman, Vice - Chairman, a Chief Administrator and such other members, not more than twelve and not less than six, as the State Government may, from time to time, by notification appoint. The meetings of the Authority are required to be convened and held in terms of Section 7 of the Act. Section 15 of the Act empowers the Authority to dispose of any land acquired by it or transferred to it by the State Government without undertaking or carrying out any development thereon; or any such land after undertaking or carrying out such development as it thinks fit, to such persons, in such manner and subject to such terms and conditions, as it considers expedient for securing development. Under Section 16 of the Act, when any person makes default in the payment of any amount due to the Authority, the same is recoverable as arrears of land revenue. Even damages in respect of unauthorised occupation of any property of the Authority is also recoverable as arrears of land revenue. The budget of the Authority is forwarded to the State Government and accounts are subject to audit by the Accountant General of the State Government. Annual report in respect of activities of the Authority are required to be submitted to the State Government. Section 30 of the Act contemplates that the Authority shall carry out such directions as may be issued to it, from time to time, by the State Government for the efficient administration of the Estate. Huda considered a proposal for the creation of a post of Chief Vigilance Officer -cum -Enforcement Officer for itself. Such post was sought keeping in view significant increase in the work of development of Urban Estates. It was projected that there are six major Urban Estates in which independent Estate Officers from the cadre of Haryana Civil Services (hereinafter to be referred as "HCS") are being posted by the State Government and a number of Urban Estates on small scale have been set up in various district Headquarters/important cities. The Authority has also acquired large tract of land which at the moment are not developed or partly developed and some land is lying unplanned in the shape of land bank with Huda. The land owned by Huda is encroached upon by the migrants and local persons but there is no enforcement machinery. Therefore, in order to monitor the unauthorised encroachments, creation of the post of Chief Vigilance Officer -cum -Enforcement Office in the rank of Under Secretary at Headquarters is required urgently. The description of the post in the Agenda reads as under: By selection from amongst the Administrative Officer, Assistant Estate Officer, Supdt., and Private Secretary having 5 years experience including ADO and ABO, on the post. Only those persons will be eligible who have minimum graduation degree passed from a recognised University. The promotion will be made on seniority cum merit basis.
(3.) SUCH proposal was considered by the members of the Authority in its meeting held on 30.09.1999. It was resolved to the following effect: Creation of post of Chief Vigilance Officer -cum -Enforcement Officer in HUDA: The proposal in this agenda was approved and it was desired that the post of Chief Vigilance Officer -cum - Enforcement Officer should be filled up by HCS Officer. While discussing the scope of encroachments of HUDA land, the suggestion of Chief Administrator, HUDA, for engaging private security agencies for watch and ward of vacant HUDA land was approved in principle.;