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    Brief of Grand Towers PVT

    Uploaded by

    Devanshi Yadav

    Copyright:

    © All Rights Reserved
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    Brief of Grand Towers PVT

    Uploaded by

    Devanshi Yadav
    14 views2 pages

    Original Title

    Brief of Grand Towers Pvt

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    14 views2 pages

    Brief of Grand Towers PVT

    Uploaded by

    Devanshi Yadav

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Brief of Grand Towers Pvt. Ltd vs.

    State of Haryana

    Issue-
    The SLP against the final order dated on 4 February 2022 as passed by the Honourable High Court of Punjab
    and Haryana and Chandigarh in 6 March 2020. The honourable High Court order dismissed the rate petition
    solely on the ground of delay without adverting the merits of the case. The High Court also failed to take
    into consideration the earlier order whereby the deputy Commissioner of Gurgaon was directed to file an
    affidavit explaining the factual situation, however, instead of taking the side affidavit into the consideration,
    the High Court passed and impugned order.
    The High Court of Punjab and Haryana preferred the SLP against the final order passed by them on
    6.3.2020. the high court dismissed the writ petition solely on the ground of delay, without adverting the
    merits of the case.
    The High court failed to take into the consideration the earlier order where the detailed affidavit filed by the
    deputy commissioner of Gurgaon.

    Facts and observation-


    The petitioner is a bonafide purchaser, bought a land adjacent to the Sector Road. Due to some error from
    the revenue department the khasra number of the said land was recorded wrongly. The recorded khasra no.
    was 2081/1/3/1 whereas the actual khasra no. was 1985/3.
    Original owner and the revenue officers recommended the change in the numbers of the piece of land. This
    is the simple case of ratification and correction of the khasra number.
    The hon’ble high court dismissed the petition without considering the fact that the officials did not file a
    reply to the writ petition. The prayer of the petitioner was to restore the property that is in question.
    The petitioners companies were in continuous possession of the land which was abutting the sector road till
    their land was taken in an illegal, arbitrary, unlawful, unauthorised manner, thus depriving the petitioners of
    their property and their valuable rights in law.
    Committee was formed by the Chief Minister to look into the matter. And the petitioners were not associated
    with the committee. It is then submitted the order passed by the financial commissioner, other than the one
    who had heard the petitioners and reserved the matter for orders.
    The deputy commissioner had failed to comply with the directions issued by the High Court and instead of
    filing the affidavit the passed by the directions passed by the honourable High Court. He only placed on the
    record report prepared by the tehsildar honourable High Court and not only failed to take the note of the fact
    that there was no compliance on its own order dated 22.05.2019. The High Court failed to appreciate that the
    land required and acquired for constructing the sector Road wide award number 01.01.1994 was showing to
    be falling in custom number 2081/1/2 and was accordingly constructed on the land said to be falling in
    Khasra number 2081/1/2. The error due to the mistake of revenue officials which stands authenticated was
    also inspected and the report has been made by the deputy Commissioner of Gurgaon himself which report
    evidently has been prepared to the proceedings initiated by the honourable chief minister on the
    representation of the petitioners subsequent to passing the order.
    The high court failed to consider and appreciate that if it was to be excepted that the land in question was
    located in Khasra number 2081/1, as is being read now not and not in Khasra number 1985/3, then even as
    per the showing of the respondents, the report of the tehsildar placed on record with affidavit dated 7 August
    2019 of the deputy commissioner could count no sectors Road can be said to have been acquired in Khasra
    number 2081/1 through the conceded in award number 11 of 1994 land measuring which had been acquired
    for the sector road was shown in filing the custom number 2081/1/2.

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