Is unilateral acquisition of a soldier at borders no "rape"?
Dr Sangh Mittra
(Querist) 11 May 2013
This query is : Resolved
Madam/ Sir
Are there any Laws in India which protect the the residential pieces of Lands/ houses of the Defence personnel who serve away from their Home states, under the Union of India (from the UNILATERAL , ARBIRARY AND WITHOUT SERVICE OF CONSTRUCTIVE NOTICE Land Acquisition by the State Governments)?
Is there any State in India which provides protection/ immunity from the Land Acquisition to Soldiers of the Armed Forces by the State?
Is there still no proposed amendment in the Land Acqusition Bill about which Shri Jai Ram Ramesh wrote and circuated a draft especially for protecting the landed proporty rights of the soldiers?
Why should any sensible person join the Armed Forces of the Country if back home when he would serve in the Armed Forces either his brethren or the State Government grab/ gobble up his property?
If everyone remains perched to the purchased proprty and erects his structures who will leave homes and fight the enemies at the Borders?
There is a case that the poor people who choose to become Soldiers and Officers and who purchase out of their hard earned pay some piece of Land during their service and who donot construct the houses while in service theirs pieces of Land need to be exempted from acquisition on the same lines as of those who erected residential structures and be living in these.
Is there no one in this Country who can with stand the lure of lucre doled by the Land mafia.
Have heart spare the siezed land of the soldiers in Haryana.
There are numerous stories of Soldier's wife back home... when he serves at the borders ...
Haryana has contributed yet another that besides the hapless wife even the land of the Soldier is taken possession of and that too without there being any service of constructive notice to the Johnie?
Haryana, they say , has every tenth Soldier of the Indian Armed Forces, from its State but the State Government is, now leading in dispossessing the Soldiers of their residentail pieces of Land (after more than twenty years when the Soldiers have held the Land on their names in the State Revenue records and have paid for the registered ownership).
On what principle of Justice has the Haryana Government dispossessed the hapless Soldiers, acquired their lands on the grounds that no residential structures were raised on their plots knowing fully well that a serving soldier does not construct houses in which he would not live while in the Services?
Those officers and Soldiers who purchased in 1980s the small pieces of Land in Villages Nangal Sodian and Islampur in Pinjaur, District Panchkula, Haryana were assured that their pieces are safe back home for them to come back and construct house after they get money on their retirements. But to their dismay to Haryana Urban Development Authority (HUDA) after the most unfair acquisition has got over their residential pieces for selling these as residential plots to others at higher rates.
Earlier an SDM of the Haryana Government had , on the name of the development by using his Sister and relations, collected hefty fees from those Soldiers who had purchased plots in the Villages Islampur and Nangal Sodian saying Haryana Housing Board has approved and the said Hill View Enclave existed as a Colony, he got it registered as a Cooperative Society without owning even an inch of Land . The Soldiers who had never purchased the plots from the Society but directly from the farmers got these registered. They owned these for more than 20 years and no one objected to their possession and registeration on their names but when the prices soared HUDA placed demand for its acquisition for Public Purpose.
The State can not dispossess even on the Law of Adverse possession but who bothers for the Poor Soldier in this Country?
Is there any Public Purpose in such an acquisition ?
Is this rape of the rights of the Soldiers a Public Purpose?
Ask the Rapists and in unison they would say Ayes.
Will some one send this message to Madam Sonia Gandhi and Shri Rahul Gandhi?
Because its only they who can set the things right in this Country others only bake their cakes. Because the illustrious Gandhi family has never had any personal motives nor were any time hungry for power or pelf.
Will some one send this case to the Hon'ble Lordships? Will they Take Notice of it Suo Motto?
Will some one in the Media highlight it?
They saw Law is Blind and an Ass.
And the Soldier a traditional loser -
at the hands of those who have absolutely no respect for those who guard the Nation .
Will some one not file a PIL or is that one has to pay even for PILs.
Who will help the cause of Soldiers who have been dispossessed discriminatingly and without the right of hearing in Villages Nangal Sodian and Islampur in District Panchkula , Haryana?
Regards,
Dr SM
ajay sethi
(Expert) 11 May 2013
contact Mr makkad from haryana for guidance
Satya Mani Tiwari
(Expert) 11 May 2013
Every district headquarter has " DISTRICT SOLDIER BOARD" usually headed by retired Army Lt.Colonel/ Airforce Wing Commander they can be given application they have been entrusted to solve the problems of Retired/ in service soldiers those who are posted out side. Such matters can be brought to the knowledge of District Collector/ SP through District soldier board. Write to them I am sure you will find solution of your problems.
Raj Kumar Makkad
(Expert) 14 May 2013
If you have such faith in Gandhi family then why don't you right a direct letter to that family as the Govt. of Haryana is running exclusively under the patronage and guidance of that family. Rahul Gandhi, who visited Haryana 3 days ago, praised the policies of Govt. of Haryana including the Land Acquisition policy so everything is already in their knowledge to which they also have provided their approval.
After going through the dismal performance of political bosses to which you referred in your query, the only hope is judiciary. If you have to file a PIL for such issue, I am ready to help you but you have to provide entire data related to the matter in dispute.
Media has no time from publishing advertisement-cum-news on the dictation of ruling bosses.
Raj Kumar Makkad
(Expert) 14 May 2013
Yes Mr. Prabhakar! I have promised and re-confirm my promise if the querist performs his duty to provide entire details with documentary evidence.
Dr Sangh Mittra
(Querist) 14 May 2013
Dear Shri Makkad Sahib,
What would be better a PIL or a CWP?
Since in my specific case I was not at all served the Notices under Section 9(4) of the Land Acquisition Act nor under Section 12(2) nor have I claimed any award or its part nor was offered any under the relevant Section I think I may have the case which needs to be taken up.
Another point which I wish to submit on behalf of all the Soldiers who have been dispossessed in Villages Nangal Sodian and Islampur in District Panchkula is that a Soldier serving in the armed forces has no money, nor given time to construct the residential house structures on the piece of Land purchased by him. He/ She can continue to have faith that once he is the registered owner of the Plot, has paid for the registry to the Revenue Department he would come back home after his retirement and construct his abode with the retirement benefits. Earlier he can not due to paucity.
If the plots of those who remained in the specific locality, worked locally or nearby , and who could raise the residential structures upon their plots are particularly exempted from acquisition did the Soldier's piece of Land , under the circumstances not deserve to be exempted? There are many of them like me there.
Will you please see us through either through PIL for which I would provide all the documentary evidence or by filing the CWP in Punjab and Haryana High Court for which the case would be that of mine as an individual.
The problem is that the conscientous Deputy Commissioner of Panchkula has been writing to the Land Acquisition Officer , Urban Estates, Panchkula to reply to my specific queries as to the negation of Notice under Section 9(4) and the denial of opportunity of hearing under the set of circumstances but the LAO is not bothered about the Deputy Commissioner.
As regards Gandhi Family I have been writing to them ever since my retirement... Whether Shri Rahul Gandhi has taken up my cause with that of other dispossessed soldiers in Villages Nangal Sodian and Islampur in District Panchkula is not known to me.
All I have learnt recently is that Shri Rahul Gandhi neither replies nor takes up the cases of those who write to him about their problems and that even otherwise also the current Haryana dispensation, they say, does not really care about Shri RG so he does not take up the issues which would be nonappreciative. So he wastes no time about the issues like that of mine regarding the unilateral acquisition of my residential piece of Land and that is why I thought of requesting the forum "Will some one send this message to Madam Sonia Gandhi and Shri Rahul Gandhi?"
As deprived, dispossessed and denied opportunity of hearing Soldier (s) I would clutch even at the straw. If there be really ship with a Captain what else can I hope?
Will someone really be our saviour?
prabhakar singh
(Expert) 14 May 2013
i tiny do not know what agitated makkad to address so!
Raj Kumar Makkad
(Expert) 14 May 2013
Instead of becoming idealistic, you need to now come on real facts. I have already offered you my help within my reach so take its benefit. PIL is meant for the purpose of all such affected persons. I have offered for PIL and not for CWP which is exclusively meant for an individual.
Raj Kumar Makkad
(Expert) 14 May 2013
Respected Prabhakar Sir! Please read your own comment made about 16 hours ago wherein you had directed the querist to contact me after reading my reply and now you are showing your ignorance. This is injustice with me Dada......
Dr Sangh Mittra
(Querist) 14 May 2013
Sir,
Is there a case Law dealing with the violation of Section 9(4) of the Land Acquisition Act 1894? It reads.
Section 9
“(4) In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in letter addressed to him at his last known residence, address or place or business and[ registered under sections 28 and 29 of the Indian Post Office Act, 1898 (6 of 1898 )].”
Dr Sangh Mittra
(Querist) 15 May 2013
Is the State of Haryana still to be treated as a Bengal Presidency in which the LA Act of 1894 was sought to be implemented( and is being followed) by the publication of Notifications in two dailies circulating in the Locality where the Land under the process of Notification be situated and in the State Gazette? Does it meet the ends of Law?
Those away from the state and those serving away from the State of Haryana would never come to know of the Notifications under Section 4 and 6.
Soldier's serving the expanse of All India, if are not informed by Section 9(4) nor under 12 (2) why can the Judiciary not take Notice Suo Moto?
Dr Sangh Mittra
(Querist) 15 May 2013
Sir,
Thanks for the offer of PIL only ........and I guess you are in Bhiwani.
"...I have already offered you my help within my reach so take its benefit. PIL is meant for the purpose of all such affected persons."
"I have offered for PIL and not for CWP which is exclusively meant for an individual"
I am a veteran Soldier, one of the land losers and a registered Advocate as well who would like to personally file the CWP as an individual or even the PIL- but the PIL filed by me would become diluted if I have, as I have, my own interest in it.
I am thankful to Shri prabhakar singh ji, ajay sethi ji, and Tiwari ji.
An Advocate is an Advocate is an Advocate and I know why would someone not offer help for CWP and I take no benefit except for gaining knowledge from the more knowledged by this forum.
The Case Laws , if any under the set of circumstances may make it a bit easy to convince the Court or may be some one really helps
Dr Sangh Mittra
(Querist) 16 May 2013
There appears to be none on this forum who is able to provide the ase Law as to the violation of Section 9(4) of the Land Acquisition Act 1894.
Secondly there is no answer to the point as to the impact when the Acquiring State publishes Notifications in the two News papers circulating in the locality and in the Gazette of the State but the person whose land is under acquisition stays away / elsewhere than the revenue district.
Thirdly when they provide for the exemption of those pieces of Land on which the residential and other structures have come up why those plots with Boundary walls and gates and those belonging to the Soldiers serving the State or those serving the Nation in the Services under the Union of India who were not able to construct the residential structures due to they staying away / having no money to costruct till they get the retirement money be not exempted.
I request you all to please answer the query.
Colonel R Justin
(Querist) 16 May 2013
Dr Sangh Mittra,
I understand your plight under the circumstances.
I am certain No one here on this Forum knows the answer to your queries as regards Section 9(4) of LA Act.
If some body knew it they might have have answered it so far. On my part I find that Shri Dhingra is very knowledgable but I think he specialises in Service Law.
Keep searching the web and you may find an answer.
I would advise you to file the CWP in Punjab and Haryana High Court.
The facts narrated by you reveal that there has been gross injustice which can only be set right by Justice.
Besides this I know for sure that Mr Rahul Gandhi and Smt Sonia Gandhi would have been informed by now , by some one about the contents of your query and faith in them. They might take up the case of all the Soldiers and ex Soldiers whose Lands you say got acquired in Village Nangal Sodian Haryana.
Have faith. Faith moves mountains and they are, as know, very humble and caring for the likes of us. Some body might have misinformed you.
I think Mr Rahul Gandhi would have taken up your case by now with the Haryana Government. Best of Luck.
Dr Sangh Mittra
(Querist) 05 June 2013
Words of imaginary worlds like of hopes, dreams and one sided expectaions are void and empty.
That ,per se means that I will have to file a Writ Petitions at the earliest in Punjab and Haryana High Court.
I have prepared a draft of Writ Petition.
Will some one please go through it and improve upon it ?
Since I am retired and have already been subjected to certain deprivations I would require some one who would charge less and do the job sincerely.
I have heard that in a few cases of Petitioners in similar cases the State was able to purchase the interests of the Advocates hired and the cases were not effectively argued.
So I am in a dilemma.
The only help I seek now is of the effectiveness of the Writ Petition.
You may kindly send me your email and reply to roshni.justin@yahoo.com so that I can send the text of the Writ Petition.
Regards,
Dr Sanghmittra
Anirudh
(Expert) 05 June 2013
First and foremost please tell when was the land acquired?
Did you get any compensation or not?
Dr Sangh Mittra
(Querist) 06 June 2013
Sir,
I learnt later that the Notification under Section 4 of the La Act was issued on 26.9.2007.
The declaration under Section 6 was issued on 25.9.2008
And that the Award was issued on 24.9.2010
I HAVE NOT BEEN COMMUNICATED TILL DATE ABOUT THE AWARD UNDER SECTION 12(2) OF THE LA ACT 1894.
So the question of Compensation . No I have not got any compenasation nor would like to get any as I want the the proceedings to be quashed.
The Punjab and Haryana High Court in the case of my neighboring Plot , Plot No. 2 gave the Judgment and I reproduce the operative part of the same
"CWP No.15150 of 2010
In view of facts mentioned above, we allow this writ petition,quash notification dated 26.9.2007 (P7), issued under Section 4 of the Act,declaration issued under Section 6 of the Act on 25.9.2008 (P11) and an award passed on 24.9.2010, qua the land of the petitioners in this writ
petition."
I have been corresponding so far and there has been no relief.
Regards,
Dr SM
Raj Kumar Makkad
(Expert) 06 June 2013
In State of Punjab V. Jagir Singh [1995 Supp.(4) SCC 626] and also in catena of decisions following thereafter in Union of India V. Pratap Kaur [(1995) 3 SCC 263]; State of Maharashtra V. Maharau Srawan Hatkar [(1995) 3 SCC 316 : JT 1995 (2) SC 583]; State of Punjab V. Babu Singh [1995 Supp. (2) SCC 406]; Union of India V. Raghubir Singh [(1989) 2 SCC 754]; and K.S. Paripoornan V. State of Kerala [(1994) 5 SCC 593] this Court has held that the Reference Court or the High Court has no power or jurisdiction to entertain any applications under Sections 151 and 152 to correct any decree which has become final or to independently pass an award enhancing the solatium and interest as amended by Act 68 of 1984.
Dr Sangh Mittra
(Querist) 10 June 2013
Thus will the filing of Writ Petition in Punjab and Haryana High Court , under the facts and circumstances as expalained by me will have no bearing?
Will I have to bear being dispossessed and lead the remaining life shelterless when I had purchased the plot in 1989 for my post retirement settlement.
I retired in end September 2010 and after learing of the acquisition have been corresponding with the Chief Minister of Haryana only replying in May 2011 that he is having the matter looked in to.
Please elucidate.
Anirudh
(Expert) 10 June 2013
Dear Mr. Makkad,
How is the citations given by you are relevant in the issue?
@Dr. Mittra,
The facts of Writ Petition 15150 of 2010 is quite distinguishable from yours. In that case, the residential unit had already come up on the plot. The Govt. had released very many plots on which residences had come up and not releasing the petitioner's plot from acquisition was seen as a blatant discrimination and hence the court struck down the notification, the declaration and the award ONLY qua the land of the petitioner. The decision is applicable to the petitioner alone.
In your case, it was a plot of land without any construction thereon.
Therefore, it will be difficult for you to get any benefit out of the said decision.
While going on a writ petition, it would be advisable for you to go through a good lawyer.
Dr Sangh Mittra
(Querist) 11 June 2013
Respected Law Experts,
All I want to know is that is there any likelihood of relief for me on the grounds that
My plot was for my post retirement settlement which came in end September 2010.I had purchased the plot directly from its owner and not from any society, duly registered the plot with sub registrar Kalka, my rank and name of Squadron Leader of Indian Air Force and address of it being away from Haryana was recorded. I then constructed a Boundary Wall, small Latrine and DPC on my plot as that was all I could do being in the All India Service staying away from Haryana. At the time of Notification under Section 4 of LA Act 1894 on 27 September 2007 the said residential structures had existed on my plot.
The wall is defined to mean as building under Section 2 of HUDA Act 1975.
The Notification under Section 4 and declaration under Section 6 and the award under section 12(2) were never sent to me as the Newspapers in which these were published did not have all india circulation and have never reached me.
Even the Notice under Section 9(4) was never ever sent to me.
Will some Lawyer based in Chandigarh/ Panchkula take up my case ?
If so the said Advocate may kindly give his contact number and email. I have already prepared the full Writ Petition which I can send for vetting by the Lawyer or any expert of the forum who may like to vet it.
Please help.
Dr Sangh Mittra
(Querist) 12 June 2013
Sir/ Madam
All I want to know is that is there any likelihood of relief for me on the grounds that
My plot was for my post retirement settlement which came in end September 2010.I had purchased the plot directly from its owner and not from any society, duly registered the plot with sub registrar Kalka, my rank and name of Squadron Leader of Indian Air Force and address of it being away from Haryana was recorded. I then constructed a Boundary Wall, small Latrine and DPC on my plot as that was all I could do being in the All India Service staying away from Haryana. At the time of Notification under Section 4 of LA Act 1894 on 27 September 2007 the said residential structures had existed on my plot.
The wall is defined to mean as building under Section 2 of HUDA Act 1975.
The Notification under Section 4 and declaration under Section 6 and the award under section 12(2) were never sent to me as the Newspapers in which these were published did not have all india circulation and have never reached me.
Even the Notice under Section 9(4) was never ever sent to me.
Will some Lawyer based in Chandigarh/ Panchkula take up my case ?
If so the said Advocate may kindly give his contact number and email. I have already prepared the full Writ Petition which I can send for vetting by the Lawyer or any expert of the forum who may like to vet it.
