Suresh Kumar And ORS v. Commissioner Municipal Corp. Gurgaon And ORS

CWP No.12219 of 2013 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.12219 of 2013 (O&M) Date of decision:19.01.2017 Suresh Kumar and others ... Petitioners Vs.

Commissioner, Municipal Corporation, Gurgaon and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. R.S.Malik, Advocate for the petitioners.

Mr. Sandeep Singh Mann, Sr. DAG, Haryana.

Mr. Mohnish Sharma, Advocate for respondent No.1.

Mr. Madhu Ranjan, Advocate, for Mr. Rakesh Dhiman, Advocate for respondents No.5 to 15.

AMIT RAWAL J. (Oral) The petitioners are aggrieved of the impugned order dated 05.01.2011 (Annexure P-5), whereby, their land has been declared to be used for the purpose of common passage and lying of drainage/sewer lines etc.

The contention of the petitioners is that without following the procedure under the Right of Fair and Compensation Act, 2013 or the Municipal Corporation Act 1994, the order cannot be implemented. Mr. Mohnish Sharma, learned counsel appearing on behalf of respondent No.1 submits that no acquisition proceeding before passing of Savita 2017.01.23 10:19 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.12219 of 2013 (O&M) {2} the order has been taken place and the possession is still with the petitioners being owners.

No person can be deprived of the land without paying any compensation which is violation of the provisions of Article 300-A of the Constitution of India. The authority should have indulged into passing of such order, in case, the authority is actually in need of the area for the purpose of common passage and lying of drainage/sewer lines etc. The notice dated 08.04.2010, Annexure P-4 shall not be implemented but shall be kept in abeyance till the procedure for acquisition of the land, if necessity arises, is followed.

With the aforementioned observations, grievance of the petitioners and respondents No.5 to 15 is redresssed. Writ petition stands disposed of.

(AMIT RAWAL) JUDGE January 19, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.01.23 10:19 I attest to the accuracy and integrity of this document High Court Chandigarh