CWP No.19858 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 19858 of 2008 Date of Decision: 19 - 11 - 2009 Ramdhan Singh Narwal and another ....Petitioners v. State of Haryana and others ....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Kuldip Singh, Advocate for Mr.G.S.Hooda, Advocate for the petitioners. Mr.Sunil Nehra, AAG, Haryana. Mr.Satish Chaudhary, Advocate for respondent No.4. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present writ petition has been filed by two residents of Sector 14, Urban Estate, Rohtak. In the present writ petition, it has been prayed that respondents should act in consonance with the orders passed by the Director, Agriculture Haryana on 7.2.2008, Annexure P3 and in violation of the same, respondents should not raise any construction or structure on 15 feet strip. Petitioners had earlier filed Civil Writ Petition No.9426 of 2006 which was disposed of by a Division Bench of this Court. The CWP No.19858 of 2008 [2] Division Bench noticed the grievances of the petitioners as under:- “The petitioners have approached this court for issuance of a direction for restraining the respondents from removing the barbed wire fencing/small boundary wall raised by the petitioners over the disputed land. According to the petitioners, they had developed the aforesaid green belt comprised in the said land for a period of 20 years.” After hearing counsel for the petitioners and the State counsel, the Division Bench disposed of the writ petition by observing as under:- “In our considered view since the petitioners are various other Departments, such as, Agriculture Department, Chaudhary Charan Singh Haryana Agricultural University and Haryana Urban Development Authority are taking conflicting stands, therefore it will be appropriate if the matter is inquired into by the Director Agriculture, Haryana. For this purpose, the petitioners would be required to approach the Director, Agriculture, Haryana by filing a representation in a representative capacity, giving all the detailed facts and annexing all the relevant documents. If any such representation is filed by the petitioners within a period of four weeks from the date a certified copy of this order is received, then the Director, Agriculture, Haryana shall take into consideration all the facts and circumstances of the case and after affording opportunity to the affected persons, shall take an appropriate decision into the matter. Till the matter is finally decided by the Director, CWP No.19858 of 2008 [3] Agriculture, Haryana, interim directions granted by this Court vide order dated June 13, 2006 shall continue to operate. The writ petition is disposed off with the aforesaid directions.” In pursuance of the orders passed by a Division Bench of this Court, Director, Agriculture, Haryana, granted opportunity of hearing to all concerned and opined as under:- “During the course of personal hearing and as per the report submitted by Additional Director of Agriculture (Soil Conservation), Directorate of Agriculture, Haryana, Panchkula, it has been established that the land in question never belonged to HUDA nor was earmarked for a green belt as claimed by the petitioners. Infact, this land belongs to Agriculture Department. To substantiate this fact, it is pertinent to write that the total area of this farm was 100.6 acres. Out of this, 14.7 acres is under buildings. The entire remaining area i.e. 85 Acres 7 Kanal 11 Marla was transferred to HUDA. Lateron, HUDA auctioned 60.9 acres (60 Acre 7 Kanal 11 Marla) and rest of the 25 acres (including 23' wide strip in question) were transferred back to Agriculture Department. This 25 Acres of land was further transferred to CCS Haryana Agricultural University, Hisar on lease basis, which has now been transferred to Revenue Department for the construction of Revenue Colony. After hearing the petitioners and the officers of the concerned Departments, the Deputy Commissioner, Rohtak was CWP No.19858 of 2008 [4] requested to send the latest status report, layout plan alongwith map of 25 acre land (including 23' wide strip of land in question) of Agriculture Department at Sector 14, Rohtak so that a final view could be taken. The desired report was received from Deputy Commissioner, Rohtak on 16.1.2007. As per the report, some construction work of Revenue Colony on 25 acre land of Agriculture department including land of 23' wide strip, in question is in progress, some work is at roof level, some is at door lintel level and some is likely to start. A detailed map of the area was also enclosed. Therefore, as per the above facts brought out, it is well established that the petitioners have no legal right over this land, even as a green belt. However, to give solace and to ensure the quality of life and adequate ventilation to the petitioners, I hereby order that the Deputy Commissioner, Rohtak shall ensure that a set-back of 15' (fifteen feet) shall be maintained from the houses of Revenue Colony and the residences of the petitioners at Sector 14, Rohtak for free flow of air and light.” Director, Agriculture, Haryana has stated that Deputy Commissioner, Rohtak shall ensure that a 15 feet strip is maintained from the houses of Revenue Colony and the residences of Sector 14 for free flow of air and light. This was done by the Director, Agriculture, Haryana to provide solace and to ensure the quality of life and adequate ventilation to the residents of Sector 14, Rohtak. A Division Bench of this Court had CWP No.19858 of 2008 [5] authorised the Director, Agriculture,Haryana to take a necessary decision. The decision of the Director, Agriculture, Haryana is prompted by larger consideration so that residents of the locality are provided adequate ventilation and free flow of air and light. The decision taken by the Director, Agriculture cannot be questioned as the Agriculture Department had transferred the land to Revenue department on the condition that for construction of residences of the Revenue Department, the department shall ensure that a set-back of 15 feet wide shall be maintained from the Revenue Colony and residences of the petitioners for free flow of air and light. Annexure R-IV was issued on 3.7.2008. The relevant portion of the same read as under:- “The Governor of Haryana is pleased to accord sanction to transfer 25 acres of land belonging to Agriculture Department near Sector -14 of HUDA in Rohtak to Revenue and Disaster Management Department for construction of residences for the officers, free of cost subject to the condition that Revenue and Disaster Management Department shall ensure that a set back of 15 feet (Fifteen feet) wide shall be maintained from the houses of revenue colony and the residences of Sector-14, Rohtak for free flow of air and light. The detail of land is placed at Annexure “A”. Therefore, by the terms and conditions of transfer of land, officials of Revenue Department are bound to comply with the directions contained in Annexure R-IV. In view of the fair stand taken by the State Government and the Director, Agriculture, Haryana, the Deputy Commissioner, Rohtak is CWP No.19858 of 2008 [6] directed to comply with the directions contained in Annexures R-III and R- IV. With these observations, the present writ petition is disposed of. ( KANWALJIT SINGH AHLUWALIA ) November 19, 2009. JUDGE RC