Punjab-Haryana High Court
Darja Ram vs State Of Haryana And Others on 16 August, 2013
Bench: Jasbir Singh, G.S. Sandhawalia
CWP No. 8525 of 2013 (O & M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP No. 8525 of 2013 (O & M)
Date of Decision:- August 16, 2013
Darja Ram ..............PETITIONER(S)
vs.
State of Haryana and others ...........RESPONDENT(S)
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE G.S. SANDHAWALIA
Present:- Mr. Ajay Jain, Advocate,
for the petitioner.
Mr. D. Khanna, Addl. A.G., Haryana,
for respondents no. 1 to 6.
Mr. R.S. Dhull, Advocate,
for respondent no. 7.
Mr. D.D. Sharma, Advocate,
for the applicant-respondent no. 8.
JASBIR SINGH, J. (Oral)
C.M. No. 11621 of 2013
Application is allowed.
Written statement on behalf of respondent no. 8 is taken on record, subject to all just exceptions.
CWP No. 8525 of 2013
Separate written statements on behalf of respondents no. 1 to 6 and respondent no. 7 today filed in Court are taken on record. Copies have been supplied to the counsel opposite.
Vide order dated 02.03.2007, on an application filed by the Gram Panchayat-respondent no. 7, petitioner was ordered to be ejected from 1 marla of land falling in Khasra No. 658. Appeal filed by the petitioner was dismissed on Gupta Shivani 2013.09.03 10:45 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 8525 of 2013 (O & M) 2 26.02.2008. Thereafter, it appears that in the meantime, the matter was amicably settled between the Gram Panchayat and the petitioner. Vide resolution dated 23.07.2007, Gram Panchayat decided that 1 marla of land, in possession of the petitioner, be exchanged with 3 marlas of land offered by the petitioner. That resolution was sent for approval to the higher authorities and is now pending before Director, Panchayat, Haryana at Chandigarh. The said officer raised some queries which were replied to by the Gram Panchayat, however, final approval has not been granted to the proposed exchange.
In the meantime, an execution application was filed by respondent no. 8-Mani Ram on 27.08.2008 with a prayer that petitioner be ejected from the land qua which ejectment order has been passed. Petitioner and Gram Panchayat filed applications stating that the execution proceedings be kept pending because proposed exchange of land is pending consideration before the higher authorities. However, it was not done and warrant of possession was issued on 16.11.2012. Hence, this writ petition.
Reply has been filed by the Gram Panchayat and also by respondent no. 8. Respondent no. 8 states that land in possession of the petitioner is a part of street and if exchanged, it will cause hindrance in the free flow of traffic. Gram Panchayat has also stated that vide Resolution No. 1 dated 01.06.2013, it has been decided that the exchange be not approved. As on today, matter is pending before the competent authority and qua proposed exchange, final order has not been passed.
Under the circumstances, we dispose of this writ petition by directing all the parties to put in appearance before the Director, Panchayats, Haryanat at Chandigarh on 03.09.2013. The said officer shall then pass an order hearing objection(s) of respondent no. 8 and the Gram Panchayat to the proposed exchange and pass an appropriate order. If after hearing the parties, exchange is approved, then effect of the orders of ejectment will automatically go and to the contrary, if Gupta Shivani 2013.09.03 10:45 I attest to the accuracy and integrity of this document High Court Chandigarh CWP No. 8525 of 2013 (O & M) 3 the proposal of exchange is rejected, then the warrant of possession dated 16.11.2012 can be executed at the spot. Director, Panchayats, Haryanat at Chandigarh is directed to do the needful within two months. Till such time decision is not taken by the competent authority, status quo be maintained by both the parties at the spot.
(Jasbir Singh)
Judge
16.08.2013 (G.S. Sandhawalia)
shivani Judge
Gupta Shivani
2013.09.03 10:45
I attest to the accuracy and
integrity of this document
High Court Chandigarh