Can i approach high court? can i approach supreme court?
Colonel R Justin
(Querist) 04 September 2012
This query is : Resolved
I am a retired Lt Colonel who is in a quandry. I need your opinion.
In 1990 I had a purchased a Plot in Village Naggal Soadian, Pinjore, Tehsil Kalka, District Ambala , Haryana.
The said Plot was sold to me by one widow, of a Colleague Army Officer. The sale purchase deed of the Plot mentioned the details of the Khata, Khasra, Khatauni of the piece of Land. In the sale purchase deed it was also mentioned that the Plot is Plot Number so and so in Hill View Enclave, Pinjore which is a registered Society under Societies Registration Act . This was a Society floated by the wife of one Haryana Civil Servant, she had made herself as its Secretary.The widow from whom I had purchased the Plot informed me that the Society- Hill View never ever had purchased the Land nor it owned the Land but it was compulsory to be member of the Society and pay development charges. That Haryana Housing Board, Municipal Corporation and Haryana Electricity Board had given the facilities to the Colony. The said Lady was sister in Law of the said Civil Servant. At the time it was mentioned that she was the owner of the Plot and in case of any defect in the title etc she would be fully responsible. Further that before the date of purchase of the Plot she would pay all the development charges of the Hill View Enclave and after it I would pay the charges.
This sale deed was registered with sub registrar Kalka with my name as Major R Justin purchaser of Plot Number so and so and address of Village Khudi- Revan In Punjab where my parents stayed. The fee of registration of the document had also to be deposited by me
From 1992 i remained in various places in India and abroad. I retired in October 2010. I have no one staying in the area, locality, district, State of Haryana.
There are many schemes where the property of the Defence Personnel is protected by the States of India like eviction of tenant etc. I donot know if there is any Law to safe guard the landed/ house plot Society of the Defence Personnel. If there is any Please tell me?
I learnt after my retirement that my plot had been acquired by the State of Haryana on the requisition of Haryana Urban Development Authority. That the first Notification in the News papers was published on 26.09.2007. That the second got published on 25 .09.2008 and that the Award was announced on 24.09.2010- one month before my retirement from Army.
I also learnt that some people who had made small rooms/ houses on the plots had been spared from Acquisition by the Land Acquisition Collector. I learnt that some persons had approached the High Court of Punjab. I also learnt that to save her plots and plots of a few relations of hers the wife of the Civil Servant who had made herself self styled Secretary of the Hill View Enclave had filed a Suit/ case in the High Court of Punjab on behalf of the Hill View Society but I was never informed nor had I given any authority to her. It was held by the Court that HUDA had stated that the Hill View Enclave was an unauthorised Colony, that the Society had not applied for a License for the Colony. That it flouted Punjab Periphery Act , that the Colony was carved out in violation of Haryana Urban Development Authority Act 1975. The Court gave the Judgment observing that the Society had purchased the Land and carved out plots. That since it was stated to be irregular by HUDA no intervention is called for. The said Lady- secretary of the Society approached Supreme Court and the Supreme Court said that since the Colony is irregular they would not intervene with the Judgement of Punjab and Haryana Court.
I am at loss. The First point is that the Society had not owned the Land. Second that I had not authorised any one to represent me in the Court. Third I had severed my relations with the Society by writing to the self styled Secretary after she had fleeced me on the name of development which neither I could see as I was away . Fourth that I had purchased the Plot directly from a bonafide owner .
The Society has lost the case in Supreme Court. There was a misrepresentaion by the said Society in Pubjab High Court that it had purchased the Land and carved out the plots. The fact is that the Plots were sold by the farmers to persons as per a lay out plan prepared by the wife of the civil Servant who had influence and connivance.
What should I do? If the Colony was irregular then why did the HUDA not objected to it from 1984 onwards when it existed? I understand you require 12 years for even an Adverse possession. I understand some one from the Haryana Government used to inspect the records of the Society.
Some of the Advocates in Delhi told me go to Chandigarh and consult. I am now bedridden due to a war injury and am in Delhi.
I have come to know of this forum and I want honest opinion as to whether I have a case or any chance as I had not approached the High Court of Punjab nor the Supreme Court nor had authorised the Secretary of the Society to represent me. The Society was not the owner and it may be it can be called an association of which she was the self styled Secretary Further that one person's plot's acquisition has been quashed by the High Court on the ground that her plot was in a "planned Colony" and she had made construction and was staying there and she should not be discriminated as about 20 plots have already been exempted. I have also come to know that one case of a farmer is still under way in Supreme Court of India where the Court has observed that the whole acquisition of Kalka Pinjore Project (in which my Plot is there) prima facie deserves to be quashed.
Can I approach High Court? Can I approach Supreme Court? I believe there are many like me.
yours faithfully.
R. Justin
ajay sethi
(Expert) 04 September 2012
it is necessary to go through the complete papers of case before advising . it is better you consult a local lawyer in Chandigarh . withou tgoing through the pers it wont be prudent to advise .
R.K Nanda
(Expert) 04 September 2012
Take help of local lawyer.
Colonel R Justin
(Querist) 04 September 2012
I need your kind advice if I can approach Punjab High Court or can directly approach supreme court.
As sated I am in Delhi bed ridden I would venture to go to Chandigarh only after if there is a case.
Please help.
Colonel Justin
ajay sethi
(Expert) 04 September 2012
punjab high court . give some relative the papers of your property . number of lawyers in LCI practsising in punjab and haryana high court . consult them
Dr J C Vashista
(Expert) 05 September 2012
Correctly advised by experts, I agree
