High court sets aside orders of Gurgaon panchayats'
Shocked to have found that the former Haryana consolidation directors, without their jurisdiction, had illegally transferred the prime valuable village panchayat land of seven villages in Gurgaon district to private companies in 2008-09, the Punjab and Haryana high court on Thursday set aside 18 such orders.chandigarh Updated: Sep 06, 2012 20:42 IST
Shocked to have found that the former Haryana consolidation directors, without their jurisdiction, had illegally transferred the prime valuable village panchayat land of seven villages in Gurgaon district to private companies in 2008-09, the Punjab and Haryana high court on Thursday set aside 18 such orders.
The directions came from the division bench comprising acting chief justice Jasbir Singh and justice Rakesh Kumar Jain on a petition filed by Khushi Ram and four others of various villages of Gurgaon district.
The petitioners had challenged the orders of transfer of 185 kanal and 148 marla gram panchayat land in 2008-09 to 15 private companies/persons.
These villages are Ullawas, Gawal Pahari, Bandhwari, Balola, Ghata and Badshahpur. The private companies who had been benefited were Roa Krishan Estate, B&B Mercantile, Nova Realtors, Marigold Mercantile, Mikado Realtors, RR Infrastructure, Oscar Builtech and nine other individuals.
The high court had earlier stayed the construction activity on the land belonging to Gawal Pahari village panchayat.
The present director general, consolidation and holdings, Ashok Khemka, had also written a letter to Haryana's additional chief secretary-cum-financial commissioner, revenue, on July 25 that two senior IAS officers who were his predecessors had issued orders out of their jurisdiction that had benefited developers. Khemka had requested registering of criminal cases against the officers responsible and a thorough probe by the CBI.
The petitioners had informed the court that "the director, consolidation, has no jurisdiction to order the exchange of any land belonging to the gram panchayat and also to decide the question of title over the land vests in the gram panchayat as shamlat deh."
The court was informed that the land under question was situated close to Delhi and had great potential for setting up farmhouses besides residential and commercial complexes. The petitioners had alleged that the orders of exchange of land had been passed by directors, consolidation, "at the behest of certain influential persons, consisting of builders and industrialists of Delhi and Gurgaon, and by which land of the gram panchayats worth crores had been ordered to be exchanged."
The bench was also informed that in some cases, even the sarpanch and panches of the gram panchayat had colluded with the influential builders as they had given their consent for the exchange of land.
It was also added that there was neither any sanction by the state government nor the assessment of its value made by the deputy commissioner, which was mandatory as per rules.