CWP No.13307 of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.13307 of 2007 Date of decision:06.05.2010 Bhai Ram and another ...... Petitioners VERSUS The Director Consolidation, Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJIVE BHALLA. Present: Mr.Mahavir Sandhu, Advocate for the petitioners. Mr.Ashok Jindal, Addl.A.G., Haryana for respondents no.1 to 4. Mr.Alok Jain, Advocate for respondents no.6 to 12. ***** RAJIVE BHALLA.J (Oral) The dispute in the present petition has been finally resolved. On 22.04.2010, the following order was passed: - “Counsel for the petitioners, states on instructions that he is ready to hand over actual physical possession of 1 kanal and 10 marlas situated in khasra no.109 and the remaining agricultural land shall remain undisturbed. Counsel for respondents no.6 to 12, states on instructions, that they are ready to accept this proposal. Adjourned to 06.05.2010. Counsel for the parties are directed to file their respective affidavits, in the light of the above proposal.” In compliance with this order, a joint affidavit of Bhai Ram and Satbir Singh, petitioners, dated 06.05.2010, filed in court today, is taken on record. Paragraph 1 of this affidavit reads as follows: - “That the deponents undertakes to comply with the order dated 22.04.2010 passed by this Hon'ble Court in the above mentioned writ petition. As per the said consensual order the deponents are CWP No.13307 of 2007 -2- ready to hand over actual physical possession of 1 kanal and 10 marlas of land comprised in khasra no.109 to the respondents no.6 to 12 in lieu of their agricultural land, which has been ordered to be allotted to the respondents no.6 to 12 by the consolidation authorities vide impugned orders dated 18.05.1994, 30.12.2004 and 26.06.2007 contained in Annexure P-1, P-4 and P-8 respectively. Accordingly the respondents no.6 to 12 be restored the equivalent agricultural land of 1 kanal and 10 marlas to the deponents as has been ordered by the consolidation authorities vide order dated 19.9.2005, 18.4.2006 and 30.01.2007 contained in Annexure P-5 to P-7.” The respondents namely Om Parkash, Roop Singh, Ajit, Satish @ Satbir, Jagdish, Jagbir and Karamvir, respondents no.6 to 12 respectively, have filed separate affidavits dated 05.05.2010. Paragraph 3 of these affidavits reads as follows: - “That the present affidavit is being filed in compliance of the order dated 22.04.2010 and deponent hereby give its consent to the proposal.” As per paragraph 4 of the affidavits filed by Om Parkash, Roop Singh, Ajit, Satish @ Satbir, Jagbir and Karamvir, they have authorised respondent no.10 to make any further statement on their behalf for an amicable settlement of the dispute. During the hearing of the case, parties, with the able assistance of their counsel, agreed that an area of 1 kanal and 10 marlas situated in Khasra no.109, would be transferred by the petitioners jointly to respondents no. 6 to 12 and for the said purpose, they have no objection, if the orders passed by the Consolidation Officer, the Settlement Officer and CWP No.13307 of 2007 -3- the Director Consolidation, are modified in the following terms: - 1. The petitioners would provide an area of 1 kanal and 10 marlas jointly to respondents no.6 to 12, demarcated in the site plan Mark-A which has been filed in Court today and is signed by the petitioners and by respondent no.10-Jagdish s/o of late Sh.Raghuvir Singh, r/o Village Bajghera, Tehsil and District Gurgaon. 2. The petitioners would provide a passage to link the land shown in pink to the passage 'BA'. 3. In case this link passage entails transferring land beyond 1 kanal and 10 marlas, the respondents would pay market value thereof to the petitioners, @ 8000/- per square yard. 4. The order passed by the Consolidation Officer with respect to agricultural land as originally allotted, shall remain unchanged except 2 kanals and 19 marlas of land and respondents no.6 to 12 shall restore the land to the petitioners which was allotted to them in lieu of the land of Khasra no.109 by the consolidation officer. In view of the terms and conditions referred to hereinabove, the writ petition is disposed of, the orders passed by the Consolidation Officer dated, 30.12.2004, the Settlement Officer, dated 19.09.2005 and the Director Consolidation, dated 26.06.2007 are modified in terms referred to above. 06.05.2010 [RAJIVE BHALLA] shamsher JUDGE