Gurgaon: MCG challenges Gwal Pahari land order 3 years later
There has been a long running dispute over ownership of Gwal Pahari land, with the MCG and some private purchasers staking claim to itgurgaon Updated: Jul 24, 2017 22:57 IST
The Gwalpahari land dispute is back in the news.
Three years after YS Malik, former financial commissioner revenue (FCR) had quashed Mutation No 3110 of Gwalpahari land, the Municipal Corporation of Gurugram (MCG) challenged the order in the Punjab and Haryana high court, which heard the case on July 20.
Mutation No 3110 was over a big piece of land, part of the 464-acre Gwalpahari Land. Malik had termed the mutation as illegal ordering legal action against five officials of the revenue department in July 2014.
It is worth noting that the prime 464-acre Gwalpahari land along Gurgaon-Faridabad Road has been mired in dispute over the last three decades. While the dispute was initially between private purchasers and the village panchayat, the Municipal Corporation of Gurugram (MCG) became a party to it in 2008-’09.
The Gwalpahari land dispute snowballed into the most controversial land issue in Gurgaon over the last three years. The dispute is over ownership of land, as more than 300 individuals have been claiming themselves to be bonafide purchasers paying stamp duties to the revenue department.
V Umashankar, commissioner, MCG, said, “The (disputed) land belongs to the MCG and that is why we decided to challenge order of the former Haryana FCR. But we can’t say anything more in the matter, as it is sub judice.”
On the issue of ownership of the land, the high court court had observed that the civil court is best suited to decide title (ownership) of the land.
“The court has clubbed all related cases and has scheduled a fresh hearing on August 3,” Puneet Bali, one of the senior lawyers arguing for the private land owners in court, said.
“But the question arises what was the reason MCG did not challenge the order of the FCR all these years? That was the question asked by the court which found no merit in challenging the FCR’s order now. It clubbed all four-five related cases for hearing on the next date,” said another lawyer requesting anonymity.
According to lawyers of private purchasers, the 464-acre land belonged to the individual owners, not the village panchayat. The owners sold it to different purchasers at different points in time.
The lawyers have been arguing all these years that the Gwalpahari land issue is an old dispute and as per the revenue record of 1939, it was collective land (mushtarkha malkan) and due to a stray entry it was changed to shyamlat land in 1955. They said in 1994, it was partitioned as per the order of Harbaksh Singh, then district collector of Gurgaon.
After Singh decided on partition of Gwalpahari land, the Haryana government allotted licences to Border Security Force for a private colony.