Panchkula land transaction: Inquiry committee to probe Renu Phulia’s controversial order

The divisional commissioner’s orders to revoke the collector’s stay order had opened the doors for sale-purchase of about 14 acre of Beed Firozadi land to Phulia’s kin, according to sale deed documents

The Haryana government has constituted an inquiry committee to look into a September 2023 order passed by Ambala divisional commissioner Renu Phulia revoking a 2003 stay order of collector (agrarian), Panchkula, on the sale-purchase of land of various villages, including Beed Firozadi, in Panchkula.

Since the orders of the collector (agrarian) meant staying of execution of sale deeds, the revocation orders enabled the sale-purchase involving her husband and son, thus stoking a controversy (HT File)

The divisional commissioner’s orders to revoke the collector’s stay order had opened the doors for sale-purchase of about 14 acre of Beed Firozadi land to Phulia’s kin, according to sale deed documents.

Since the orders of the collector (agrarian) meant staying of execution of sale deeds, the revocation orders enabled the sale-purchase involving her husband and son, thus stoking a controversy.

Officials said the inquiry committee constituted by chief secretary TVSN Prasad will be headed by IAS officer Amneet P Kumar and has another IAS officer, TL Satyaprakash, as a member. Two revenue department officials- deputy district attorney looking after surplus land cases, Sukram Pal, and former HCS officer, RK Garg, will assist the probe committee.

Consequent to the September 2023 divisional commissioner’s orders to revoke the stay on sale-purchase of land, the Panchkula deputy commissioner had sought guidance from the financial commissioner, revenue (FCR). The FCR in its March 29 order restrained all the registering officers in Panchkula – the sub divisional magistrate, the district revenue officer, tehsildar and naib tehsildars, from registering any type of transfer deeds forthwith to avoid litigation.

In a communication to Panchkula deputy commissioner, the FCR said that it is observed that due to pendency of the surplus cases under the Haryana Security of Land Tenures Act, 1953, and Haryana Ceiling of Land Holdings Act, 1972, and as per high court orders of February 24, 2023, it is not justifiable to register various transfer deeds under the Registration Act. The FCR’s order said that it has been further found that Panchkula sub divisional magistrate, exercising the powers of the collector under the Haryana Security of Land Tenures Act, 1953, has to redetermine the permissible area of the land owners, tenants and surplus area in these two revenue estates as well as other revenue estates owned by original landowners, Bhagwant Singh and his legal heirs to the tune of more than 2,000 acres. “There is no denying the fact that the sale deeds can be executed only out of the permissible area of the land owners to be determined as yet by the collector, Panchkula. Hence, it is not appropriate to register transfer deeds till the determination of permissible area, tenants permissible area andsurplus area in all the revenue estates concerned under Haryana Security of Land Tenures Act, 1953 and Haryana Ceiling of Land Holdings Act, 1972,’’ the FCR’s order reads.

The Panchkula deputy commissioner had written to the FCR that the court of the Ambala divisional commissioner, while revoking the stay order of collector (agrarian), Panchkula, had observed that the appellant (including two former IAS officers) were absolute owners of the property in revenue record and removed any embargo on any document presented by them for registration. The DC said the instant issue pertained to 14 acre land of village Beed Firozadi in Panchkula district and in compliance of the orders, a mutation was sanctioned on March 20.

The DC in its communication said that the 14 acres was part of the land inherited by the legal heirs of Bhagwant Singh who was the owner of around 1,396 acre in seven villages Beed Babupur, Beed Firozadi, Bhareli, Sangrana, Barwala, Jaloli, Fatehpur Viran.

The high court on February 24, 2023, had directed the collector agrarian, Panchkula, to redetermine the surplus area as per law. In compliance, the court of collector (agrarian) had started the proceedings.

“Consequent to revoking the stay by the Ambala divisional commissioner, a plethora of sale deeds are likely to be presented soon, due to which there is a possibility of creation of third-party interests and jeopardising of government interest. The matter is sub-judice in the court of collector (agrarian), Panchkula, and permissible area is yet to be determined and the surplus area vests with the government,’’ the DC wrote seeking guidance from the state government.

In their appeal before the Ambala divisional commissioner, the owners of the land said the above said land is situated in the permissible area and does not fall in surplus category.

“Even before the sale of this land, the stay order of September 18, 2003, has been vacated twice vide order April 20, 2004, passed by Ambala divisional commissioner and order dated January 10, 2017, passed by the deputy commissioner. Vide order September 18, 2003, the sale and purchase of the land was kept in abeyance due to which it drastically resulted in the reduction of the value of the land owned by me and my sister,’’ the appellant said.