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REAL ESTATE

their prized possession to the Panchay- Justice H K Sabharwal, father of the asked the Regional Commissioner of
at, which otherwise should have been then Chief Justice of India Y K Sabhar- Gurgaon to investigate the role of the
wal had reportedly purchased 8 kanal
the rightful owner of the land.
Haryana panchayat to get back der scrutiny from early last year. T L land in 1994. Later in the year 2004 the and also find out who all are eying the
government machinery in the matter
The Panchayat land come un -
panchayat land. The Corporation must
then CJI, Y K Sabharwal also reportedly
its 464 acre Gwal Pahari land Satyaprakash, the then District Col- purschased 8 canal land. also compensate the real owners of
lector and MCC Commissioner had
In its observation on August 31, 2018
the land.
made invalid an earlier judgment of
It was in the year 2008 when a ma-
the Revenue Department which had the same court had said that despite the jor sale and purchase of Gwal Pahari
stay, the then Gurgaon Collector IAS, N
given ownership of the said land to C Vashisht had taken some unpalatable land took place. When the Gurgaon
the Municipal Corporation of Gurgaon decisions. All the rules and regulations municipal corporation was formed the
(now Gurugram). In his order IAS T L had been kept aside which resulted in same year, the Panchayats in the area
Satyaprakash, known to be an upright wasting the court’s time. The Haryana also came under it. It was at this time
officer had declared that the villagers, Chief Secretary must take action in when the MC began to take posses -
farmhouse owners, as well as the pri- this regard and present a report in sion of the panchayati land. Then those
vate builders were the rightful owners three months. people who had already purchased the
of the land which was estimated to be In March last year, the Gwal Pahari land went to the court. But the MC had
worth a whooping 3000 crore. land issue had cropped up in the Har- a readymade answer for this. The MC
But in the latest development, the yana BJP meeting in Gurugram. A few observed that the panchayat had no
Additional District Judge Jasbir Singh BJP leaders had accused officials and right to sell the land.
Kundu has ordered that the private some party leaders of making certain But on April 16, 2018, the court of
owners including the villagers, farm- changes in the metro rail route near civil judge termed it illegal for the MC
house owners and private developers to send notice to the land owners to
have no reason to claim ownership of release the purchased land. The MC had
the 464 acres of land. In his order the Considered prime send Notice under section 408 to the
judge declared that the `gair mumkin land because of its land owners to vacate land. The court
pahar’ or uncultivated land originally asked the MC to release the land. Later
belongs to the local panchayat and it proximity to New as many as 118 people went to the court
must have its possession as well. He Delhi, Gurugram and in this regard.
declared that `shamlat’ (common vil- Now, the villagers, farm house own-
lage land) cannot be sold and therefore Faridabad, everyone ers, as well as private developers claim
the process followed by the Panchayat wanted to have that since they had purchased the
earlier in this regard was illegal. land even before the formation of the
Now, the district and sessions court a share in Gwal Gurugram Municipal Corporation, they
Involved in this Gwal Pahari land scam case are builders, bureaucrats and some people from the has also directed the Municipal Corpo- Pahari land at a should not be affected by any adverse
ration of Gurugram to pay compensa-
decision in this regard.
judiciary as well, writes RAJENDRA KHATRY tion to the panchayat for transferring bit lower price It was in March last year that the
the ownership to them. The direction Gwal Pahari land issue had cropped
A report in 3 months time. the 322 entities are villagers and own- September 6. But, the corporation can Gwal Pahari to help a powerful section Gurugram. A few BJP leaders had
up in the Haryana BJP meeting in
came in the court’s order delivered on
historical judgment was
accused officials and some party lead-
challenge this order in the higher court. of people with vested interest. Among
ers of several farmhouses. Among them
delivered by Additional
Involved in this land case are power-
District Judge Jasbir Singh
For selling and buying the prime land
the voices of protest raised were those
ers of making certain changes in the
ful men including builders, bureaucrats are also two real estate developers.
and some people from the judiciary as
of Gurugram MLA Umesh Agarwal also. metro rail route near Gwal Pahadi to
According to reports they have under
Kundu of the District and
at a very cheap price, the court made
Sessions court, Gurugram
on September 6 in the controversial well. Considered prime land because construction Special Economic Zone some strict observation against some Charges were hurled against an IAS of- help a powerful section of people with
ficer, three local leaders and a relater of vested interest. Among the voices of
of its proximity to New Delhi, Guru-
builders, bureaucrats and some mem-
(SEZ) projects in the same area which is
464 acre Gwal Pahari land scam. The gram and Faridabad, everyone wanted reported to be very expensive. bers of the judiciary also involved in the a minister responsible for the change protest raised were those of Gurugram
judgment said that the 3,000 crore to have a share at a considerably lower In its order, the court directed that in process and in whose possession the in the metro rail route. But the state BJP MLA Umesh Agarwal also.
worth land belongs to the Panchayat price. the Gwal Pahari case, status quo must land is at present. had downplayed the issue then. Charges were hurled against an IAS
and it must be returned to it. But while delivering the all impor- be maintained for construction, pos- Supreme Court judge and later the The buying and selling of land in officer, three local leaders and a relative
Thus the decision has reversed a tant judgment, the District and Ses- session or change of nature of the land Justice of Punjab and Haryana High Gwal Pahari area had started almost of a minister responsible for the change
civil court order earlier this year which sions court has also given time to the during the prescribed period of limita- Court, Justice Vijender Jain had report- four decades ago. Many farm houses in the metro rail route. But the state
had said that this right vested with the 322 entities who are claiming owner- tion to file appeal. This may again com- edly purchased 16 canal land way back and huge bungalows were built on the BJP had managed to downplay the
private owners. Now the court has also ship over the disputed land to file an plicate the matter more as the owners in 1999 at a price of 80,000. In 2006, said land by the well-to-do people. The issue then.
directed Gurugram Divisional Commis- appeal before the Punjab and Haryana of the land are high and mighty people retired justice H L Anand also report- court also asked for action against the
sioner D Suresh to submit a fact-finding High Court. Incidentally, around 300 of and they will certainly not like to let go edly purchased 16 canal land. Former Sarpanch of the village. The court also LETTERS@TEHELKA.COM
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