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2003 DIGILAW 1317 (PNJ)

Jai Singh v. State of Haryana

2003-09-18

JASBIR SINGH, V.K.BALI

body2003
JUDGMENT V.K. Bali, J. (Oral) - Notice of motion returnable today. 2. Mr. Raghbir Chaudhary, learned Senior Deputy Advocate General, Haryana, who is present in Court, accepts notice on behalf of respondents No. 1 to 3. A copy of the petition has been handed-over to him. 3. There is no need to issue notice to the Gram Panchayat, the fourth respondent herein inasmuch as it has already passed a resolution in favour of the petitioners recommending purchase by the petitioners of the constructed area measuring 1 kanal 17 marlas. 4. It is, no doubt, true that eviction proceedings against the petitioners have since been finalised vide order, Annexure P-1, dated 3.9.2002. The only prayer of the petitioners, however, is that under the Government policy, Annexure P-6, they are entitled to purchase at least the constructed portion. Gram Panchayat, it is the case of the petitioners, has already passed resolution, Annexure P-3 dated 15.5.2002, favouring purchase by the petitioners of land measuring 1 kanal 17 marlas, out of total and measuring 6 kanals 7 marlas, which was subject matter of eviction, where there exists construction made by the petitioners and the matter has not been decided till date by the Deputy Commissioner. 5. In our view, interest of justice would be served if, at this stage, we only direct the Deputy Commissioner to deal with the application of the petitioners, Annexure P-2, dated 15.5.2002 seeking purchase of land which, as mentioned above is supported by the resolution passed by the Gram Panchayat and pass appropriate orders thereon, in accordance with law, as expeditiously as possible and preferably within a period of 45 days from today. So ordered. 6. Before we may part with this order, we would like to make it clear that this order shall not be construed as an expression of opinion on the merits of the case and it would be for the Deputy Commissioner to find out as to whether the case of the petitioners for purchase of the land is covered by the Government policy, Annexure P-6, referred to above. Till such time, however, final orders are passed by the Deputy Commissioner, the petitioners shall not be dispossessed only from the land measuring 01 kanal 17 marlas as it is with regard to this area only, even as per the case of the petitioners, that resolution has been passed by the Gram Panchayat favouring purchase of same by the petitioners. Disposed of accordingly. A copy of this order be given dasti. Order accordingly.