31.10.2013    Hon,ble Panjab & Haryana High Courtg on 31.10.2013  passed final order/judgment in Civil Writ Petition No.13129 of 2001 and Civil Writ Petition No.7880 of 2002. Till date society has not filed appeal against these IMPUGNED judgment.

We lost the petition simply for the reason that society didn’t  produce title of land in the court.

Page 18 of first report scr

While on the one hand the state of Haryana was granting licences to the society for carving out plot to its members, simultaneously, on the other hand it had initiated the process of compulsory acquisition of the society land for HUDA.

Page 21 of first Sharma Commission  report

Since the purpose of both the organizations was the same, that is, allotting plots to people, the society to its members HUDA to the general public, the view that this Government should not have acquired the land of the society certainly has a lot of merit.

Page 23/68 of first report

“It was pointed out by Sharma Commission that the administrators would be expected to address the problems of wrong doing of the Society that led to the supersession  of the elected Managing Committee in the first place, put the society working on the right track but it does not appear to have happened here..

The Government appointed Administrators who were senior officers of the government of Haryana posted at Gurgaon after their two long stints, one of about two and half years  and the other of slightly over six years, after elections in the society to elect a new Managing Committee, appear to have handed back the Society to the elected Managing Committee just it was before they took charge,or perhaps in worse shape, without either having addressed any problem of the society or without either having given the Society any sense of the direction that is should take towards a resolution of its problems.”

Page 31/38 of second Sharma Commission report

Recommendations

Right there wrongs that have been committed in the past

Page 35/38 of second Sharma Commission  report

The government releases the land of the society that it has acquired over the years.

Sharma Commission report also says acquisition of land was unfair and its report has been accepted by the government.

CWP 17545/2007

In this acquisition Government has acquired 124 acre land out of which 88.89 acre of land belongs to society but unfortunately Society has not submitted title of  land documents claiming ownership and we may again lose the petition.

The Board of Administrators are not inclined to represent  society position rigorously as being Government servants they can’t go against their employer.

Original Jamabandi of above land aggregating 88.89 acre arranged and handed over to our Senior Advocate  for onward submission to High Court.

If above land is released, it is sufficient to cater the needs of pre as well as post 96 members on vertical basis.

Next date of hearing is 13.03.24

N K Bhutani