Ulhawas villagers challenge leasing of land
A group of 15 villagers from Gurgaon's Ulhawas village have petitioned the Punjab and Haryana high court challenging Haryana government's decision of leasing out gram panchayat land to Rajiv Gandhi Charitable Trust (RGCT) and Church Gate Medical Society.chandigarh Updated: Aug 11, 2011 22:50 IST
A group of 15 villagers from Gurgaon's Ulhawas village have petitioned the Punjab and Haryana high court challenging Haryana government's decision of leasing out gram panchayat land to Rajiv Gandhi Charitable Trust (RGCT) and Church Gate Medical Society.
Taking up the Public Interest Litigation (PIL) filed by Dharambir and 14 others, a division bench headed by acting chief justice AK Goel on Thursday referred the matter to another bench for hearing on August 16.
The petitioners have submitted that the action of state government has been done with the sole motive of pleasing the RGCT and Church Gate Medical Society, which are mighty and influential bodies.
The PIL has also sought quashing of the December 6, 2010 orders vide which 40 kanals and 3 marlas of Ulhawas panchayat land was ordered to be released from acquisition despite issuance of notification under section 6 of the Land Acquisition Act in order to facilitate RGCT to set up an eye hospital and research centre.
It has been contended that the land has been released in favour of the lessee- the RGCT rather than the land owner which is the village panchayat. The petitioners have also sought quashing of the orders vide which 9 kanals of land which has been leased out to Church Gate Medical Society, New Delhi vide lease deed dated July 1, 2009.
It has been submitted that the said land has also been left out of the acquisition by excluding the land in the notification issued under section 6 of Land Acquisition Act.
It was submitted that this is despite the fact that the land is vacant and no objections under section 5 of the Land Acquisition Act were filed and the lease deed was executed after the notification under section 4 of the Land Acquisition Act.
Thus in accordance with Haryana's policy dated October 26, 2007, the land could not have been left out of the acquisition while issuing notification under section 6 of the Land Acquisition Act, the PIL said.
It was submitted that since RGCT was being managed by a top political family of the country and Haryana was also also ruled by the same political party, the state functionaries were over zealous and eager to some how oblige RGCT.
The petitioners mentioned that RGCT on May 9, 2008 in a letter to the sarpanch of Ulhawas villages requested to allocate about 6 acres of land to set up an eye hospital. As the entire game plan was managed, within 18 days a resolution was got passed from the gram panchayat to allot the sale of land to RGCT.
However, the Gurgaon deputy commissioner raised objections on it. Having failed in its first attempt, the RGCT once again approached panchayat on July 10, 2009 that the land be leased to it for maximum period of 33 years, the petition said.
However, at the time of making the request, a notification under section 4 of the Land Acquisition Act had already been issued on June 2, 2009. On July 20, 2009 the village panchayat passed a resolution by majority to lease out the 40 kanal and 3 marlas land to the RGCT for 33 years.