CWP No.14906 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP No.14906 of 2006 Date of Decision: 23.2.2010 Ram Kumar @ Raj Kumar .....Petitioner Vs. State of Haryana and others ....Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Mr. Arvind Singh, Advocate for the petitioner. Mr. Ashok Jindal, Addl.A.G. Haryana, for respondents no.1 to 3. Mr. Raminder Malik Ravi, Advocate for respondent no.4. .... RAJIVE BHALLA, J (Oral) The petitioner, in essence, prays that the order dated 28.4.2006 passed by the Commissioner, Yamuna Nagar, rejecting his prayer for purchase of the land in his possession be set aside and a writ in the nature of Mandamus be issued to the official respondents, directing them to consider the petitioner's claim afresh. The Assistant Collector, Ist Grade, Yamuna Nagar, while directing the petitioner's ejectment, granted liberty to the petitioner to offer the market value of the land in his possession, to the Gram Panchayat, within three months. The petitioner made an offer to purchase the land, which was accepted by the Gram Panchayat by way of a resolution dated 27.9.2005. The market value was assessed by the Naib Tehsildar,Yamuna CWP No.14906 of 2006 2 Nagar, vide order dated 14.10.2005, but before the matter could be finalised, the land in dispute was transferred to the Municipal Committee Radaur and the petitioner's request for purchase of the land was rejected by the Commissioner, Yamuna Nagar vide order dated 9.11.2005. During the pendency of this petition, the land has reverted to the Gram Panhayat and in the reply filed by the Gram Panchayat in court today, the Gram Panchayat has averred that it has passed a fresh resolution No.1 dated 20.6.2009 giving its consent for the transfer of the land to the petitioner, if the petitioner is ready to deposit a sum of Rs.6,60,000/- alongwith interest. Counsel for the petitioner submits that in view of the changed circumstances and the fresh resolution passed by the Gram Panchayat, the petitioner is ready to purchase the land in his possession by paying the current market value. The Deputy Commissioner, Yamuna Nagar, should,therefore, be directed to assess the market value and pass orders in accordance with law. I have heard counsel for the parties, perused the paper book and am satisfied that in view of the fresh resolution passed by the Gram Panchayat and the fact that the land in dispute no longer falls within the area of the Municipal Committee, Radaur, the petitioner's request for purchase of the land, would have to be reconsidered by the Deputy Commissioner, Yamuna Nagar, in terms of resolution no.1 dated 20.6.2009 passed by the Gram Panchayat. As a consequence, the writ petition is allowed in the above terms and the order dated 28.4.2006 is set aside. The Deputy Commissioner, Yamuna Nagar, shall decide the petitioner's claim, within a period of four CWP No.14906 of 2006 3 months from the date of receipt of a certified copy of this order. It is made clear that the petitioner would be required to pay the current market value of the land as assessed. Before proceeding to consider the petitioner's request, the Deputy Commissioner shall ensure that the terms and conditions of the relevant rules/policy are diligently followed. 23.2.2010 (RAJIVE BHALLA) GS JUDGE