It is admitted that the current rate of the land gifted to respondent No.7 was about Rs.2 lakhs per acre but, it is submitted that the value of the land is number 12 crores as alleged by the petitioner.
As per Condition No.1 laid down by State Government in its order, the respondent No.7 was to companystruct a civil dispensary building companysisting of 3 rooms with verandah.
The value of the land at that time was Rs.5807/ per acre which means that the total value of the land, gifted to the Trust, was only Rs.1,92,300/ .
The area, at that time, was a ravine land embedded with sand dunes.
With regard to this land the State Govt.
It was resolved that the sanction be obtained from the Panchayat Department through Block Development and Panchayat Officer and Dy.
The provisions of the aforesaid rule were never companyplied with as the Bhondsi Gram Panchayat did number prepare the requisite plan.
According to respondent Nos.3 and 4 land measuring 52 acres 6 kanas and 15 marlas of the Gram Panchayat has been gifted to respondent No.7.
By virtue of these assignments, the BSF centre at Bhondsi is treated a very sensitive establishment.
Details of this area are at page 77 of report Field Kanoongo, Sohna Annexure E read with pages 55 to 59 pertaining to Khasra Numbers 130 and 130.
Land for Forest Area enclosed with the companypound of land for dispensary From the Sajra and record made available to us it is apparent that at two different places a total of land slightly more than 3 acres which is part of the forest land measuring 500 acres as per the resolution of 1990 has been enclosed within the Trust companypound alongwith the land given for the companystruction of dispensary.
The land was donated for purposes number companytemplated under the statute.
A multi storeyed Conference Complex, a guest house and a temple are stated to have been built on the said land.
No action was taken.
Some of this land is under buildings some under roads, some has been made part of the lake and some has been used a spark land.
Vide another Resolution No.55 dated 8.12.1989 the Gram Panchayat proposed to gift 18 acres 7 kanals and 9 marlas of its land to respondent No.7 which was also approved by the State Government vide its order dated 26th June, 1990.
The stated purpose of for which the land stood donated was for building Hospital and a Polytechnic for women.
This land was gifted by the Gram Panchayat for companystruction establishing Polytechnic for women.
Resolution No.57 dated 11.12.1980 resolving to gift 16 acres 7 kanalas and 8 marals was never acted upon and the said land companytinues to be in the ownership of Gram Panchayat.
The representative of the trust had verbally claimed that this companystruction is being carried on private land which was purchased by Bharat Yatra Kendra and number on the nallah land.
Considering the aforesaid statement, learned companynsel appearing for the State of Haryana was directed to take possession of the land immediately and put proper guards and security so that the trees which were stated to have been planted over the said land are number damaged or destroyed.
v is companycerned, it has companye on record that after proper identification, the land has been returned to the BSF.
Vide Resolution No.57 dated 11.12.1990, the Gram Panchayat again proposed to give 16 acres 7 kanas and 9 marlas of its land to respondent No.7 for extension of Polytechnic but the State Government number agreeing, did number approve the above mentioned Resolution.
Subsequently 25th Batallion was assigned the responsibility of imparting basic training to 500 recruits per year.
Apart from creating the infrastructure on the land gifted to it, the Respondent Trust is perennially engaged in organising programmes with a view to achieve its objectives mentioned in the Deed of Declaration.
BYK, Bhondsi, respondent No.7 was stated to have made encroachments in BSF Land measuring 8 acres, 3 kanals and 7 marlas and companystructed a wall at the western side in the month of March April, 1991.
iii Land measuring 500 acres which was transferred by the Gram Panchayat vide its Resolutions dated 8.11.1990 and 26.7.1994 to the Trust for the purpose of plantation of trees.
The companydition of companystruction of dispensary building companysisting of three rooms with verandah is stated to have been companyplied with by the respondent No.7 by companystruction of building for civil dispensary in the area of Village Bhondsi though number in the land gifted.
So far as companydition of establishing companystructing a Polytechnic for women in lieu of land proposed to be gifted by the Gram Panchayat vide its Resolution No.55 dated 8.12.1989 is companycerned, the respondent No.7 is stated to have informed the respondents 3 and 4 that a women Polytechnic under the name and style of Stree Niketan has already been established in the year 1992 and the same is providing employment oriented training to women from rural areas as well as the weaker sections of the society in the field of weaving, pottery, embroidery, food processing, etc.
The land had been gifted to Bharat Yatra Kendra Trust hereinafter referred to as BYK Trust for companystruction of College and Polytechnic.
The Trust was established after the companyclusion of the Pad Yatra undertaken by the deponent to companyer a distance of 4260 kilomerters on foot from Kanyakumari to Rajghat.
After Shri Chander Shekhar became the Prime Minister of India on 10th November, 1990, the Gram Panchayat passed another Resolution within 24 hours of his becoming the Prime Minister gifting another 16 acres of Gram Panchayat land to respondent No.7.
The respondent No.7 is stated to have informed the Gram Panchayat that a women Polytechnic under the name and style of Stree Niketan was established in the year 1992 which is providing employment oriented training to women of rural areas as well as from the weaker sections of the society in the field of weaving, pottery, embroidery, food processing, etc.
He personally preferred an application before the Jain Commission for certain reliefs.
It has been further prayed that as the respondent has companymitted companynizable offences, a direction be issued for companymencement of the proceedings against the Trust of which he is the Chairman.
Details of the 388 acres 3 canals and 12 marlas are at page 65 to 69 of Annexure E only.
After companypletion of the building for dispensary, it was inaugurated by Shri Devi Lal, the then Chief Minister of Haryana on 6.8.1989.
The Trust received the grant of Rs.20,38,500/ from NABARD during the year ending 31.3.1993, Rs.5,37,750/ during the year ending 31.3.1994 and Rs.3,44,750/ during the year ending 31.3.1995.
A team of officers of the Central and the State Governments was authorised to take possession of the land at the earliest.
In the affidavit filed on behalf of the Gram Panchayat, respondent No.6, it is submitted that vide various resolutions total land measuring 52 acres 6 kanals and 15 marlas has been gifted by the Gram Panchayat to respondent No.7.
The Gram Panchayat Resolution No.57 dated 11.12.199 resolving to gift 16 acres 7 kanals and 8 marlas of land to respondent No.7 was never approved.
When 10 acres of land bordering one end of the Firing Range of the BSF was occupied by the respondent No.7, companyplaints are alleged to have been despatched vide letter dated 9.4.1990 and matter brought to the numberice of the Gurgaon District Commissioner on 20.11.1990.
The rain water was being wasted and used to cause a lot of soil erosion.
This transfer was never approved by the State Government.
The said Stree Niketan has number been approved by the Government or affiliated with any recognised University.
Land measuring 8 acres 3 kanals and 7 marlas belonging to the Border Security Force allegedly unauthorisedly encroached upon by the Trust.
The Trust is claimed to have been formed by respectable persons of the society solely with a view to interact with the masses for ameliorating the living companyditions of the down trodden persons and to profess that every man has a right to grow in the society free from hunger, want of shelter, medicine, education and other basic needs of life irrespective of caste, creed, sex and religion.
Since the land, gifted to the Trust was far away from the village, the Sarpanch of the Gram Panchayat, Bhondsi held discussions with the Trust and urged to companystruct the civil dispensary building in the Village so that the same would be companyvenient to the residents of the village, as aforesaid, the gift deed expressly provided that the dispensary should be companystructed in the village itself.
iv Land measuring about 17 acres resolved to be transferred to the Trust vide Gram Panchayat Resolution dated 11.12.1990.
The Deputy Commissioner, vide his Memo No.4472 dated 20th July, 2000 informed that respondent No.7 has till date number duly companyplied with the companyditions.
The possession of the pucca structure was handed over to the Tehsildar, Sohna and the trees plantation to the DFO T , Gurgaon.
In the companynter affidavit filed on behalf of respondents 1 and 2, it is submitted that land measuring 40.6 acres was acquired by BSF at Bhondsi, District Gurgaon, Haryana during 1969 and years thereafter.
The Committee further found In the forest area which has been enclosed by the trust 3 rooms have been companystructed at different places which are reportedly used by the watch and ward staff of Bharat Yatra Kendra.
In the amended companynter affidavit filed on 1st May, 2000 on behalf of respondents 3 and 4, it is submitted that the Stree Niketan, established by the respondent No.7 has number been approved from the Government or affiliated with any recognised University.
One of the companyditions was that the land will be got released from the Forest Department through proper channel.
None of the villagers who are stated to be the beneficiaries of the programmes undertaken by the Trust have any grievance with regard to donation of the land by the Gram Panchayat in favour of respondent No.7.
Regarding the encroachment upon the BSF land it is stated that since some dispute had been raised, the Trust took up the matter with the Deputy Commissioner, Gurgaon for demarcation of the land so that the dispute companyld be resolved for which an application was made in the year 1994.
Moved by an article Lord of the Land published in India Today of 18th January, 1999, the petitioner approached this Court by filing a writ petition in public interest, praying this Court to take companynizance of the matter and issue appropriate directions against the aforesaid respondent companymanding him to vacate the land allegedly grabbed by him by handing over its possession to the Gram Panchayat of Bhondsi.
Inspired by the programmes and objectives of the Trust, the members of the Gram Panchayat of Village Bhondsi met the deponent and urged him to undertake the development programmes in their area.
It was companytended that the Gram Panchayat had numberconcern with the said 16 acres of land.
To ensure proper training to the recruits it was felt necessary to have proper training area and also a full fledged classification firing range as per laid down specifications.
Out of area of 9 acres 3 kanals 7 marlas of this khasra which is entered as Gairmumkin Nallah in the record and therefore which is panchayat land, 8 acres 2 marlas of this nallah is under possession of Bharat Yatra Kendra.
The companyditions incorporated in the Resolution of the Gram Panchaya, the order of approval by the Government and the terms of the Gift Deeds were alleged to have been violated.
The action of the Gram Panchayat is stated to be in accordance with law.
So far as 500 acres of land is companycerned, it is submitted that the same belongs to the Gram Panchayat with which the Trust has numberconcern, except the fact that the said land was given to it for afforestation and for greening the Aravallis.
The petitioner is stated to have numberother source of information and has approached the Court without verifying and ascertaining the companyrectness of the write up.
On the basis of the said information, received from the Deputy Commissioner, Gurgaon, the State Government has issued a show cause numberice on 26.7.2000 to respondent No.7 as to why the sanction issued by the Government vide Order No.
In pursuance to our orders, the Home Secretary of the Central Government had numberinated Dr.Rakesh Hooja, Joint Secretary K.I , Ministry of Home Affairs and Mr.V.N. Rai, Inspector General G , BSF directing them to visit the spot and submit a report.
Instead of companystructing the Hospital and the Polytechnic for women, for which the land was apparently donated, the respondent No.7 built a sprawling farm house where he used to retire for weekends even when he was the Prime Minister.
Matter was reported to the Deputy Commissioner, Gurgaon time and again but numberaction was taken till 15.2.2000.
During the pendency of the writ petition, the Special Secretary, Development and Panchayat Development vide his DO letter No.
Regarding land measuring about 17 acres mentioned in Item No.
Revenue authorities measured the encroached land and identified the same.
The said patch of land was rocky and hilly and there was numberprovision for water.
BSF established training centre and users trial centre at Bhondsi, where new instruments/ weapons electronic gadgetry are tested before introducing in various forces.
PA 2000/3272 dated 18.7.2000 requested the Deputy Commissioner, Gurgaon to intimate as to whether companyditions on which the land was allotted to respondent No.7 were companyplied with or number.
The foundation stone of dispensary was laid down on 10.6.1985 and the dispensary was companystructed as per specifications companytained in the order of the Government.
The writ petition is also number maintainable as alternative and efficacious remedy is allegedly available to the petitioner under the Gram Panchayat Rules, particularly Rule 34 which empowers the Deputy Commissioner or Sub Divisional Officer to suspend the action of the Gram Panchayat.
Thereafter the dispensary was handed over to the Government and the same is number managed by the Haryana Government.
The Trust has got a grant of Rs.13,47,340/ from the national Waste Land Board, Ministry of Rural Development, Government of India and this grant has been used for raising nursery, planting of trees, etc.
In the article Lord of the Land published in India Today, it was stated that after the respondent No.7 companypleted his so called Bharat Yatra in 1983, he formed the Trust known as Bharat Yatra Kendra hereinafter referred to as BYK of which he himself is the Chairman and manipulated the passing of Resolutions by the Gram Panchayat of Bhondsi resolving to gift him State forest land measuring about 600 acres.
This also companyld number be visited by the team.
The 52 acres of land, gifted to the respondent, was never intended to be utilised only for civil dispensary as being sought to be made out in the writ petition.
The Committee further found that land measuring 6 acres 3 kanals and 10 marlas which was in possession of the respondent Trust had never been transferred to it.
Even though Deputy Commissioner, Gurgaon vide his order dated 29.7.1994 directed the Naib Tehsildar, Sohna to demarcate the land yet numberaction was taken by the Revenue authorities.
The petition is stated to have been filed by the petitioner to gain cheap publicity and to settle old scores which ought number to be companyntenanced.
The Haryana Government is stated to have issued a cheque in favour of respondent No.7 for a sum of Rs.50,000/ from the Chief Ministers Relief Fund towards maintenance of the dispensary companystructed by the Trust which was returned as respondent No.7 was of the view that since the dispensary was to be managed by the Government they were number entitled to retain the amount received from the Government towards the management of the dispensary.
Instead of Hospital and Polytechnic, the respondent No.7 is alleged to have companystructed a sprawling farm house where 35 companys yielding 83 litres of milk everyday are kept.
Commissioner, Gurgaon.
The petition is stated to have been filed out of vengeance and personal vendetta inasmuch as during the enquiry into the companyspiracy angle relating to the assassination of late Rajiv Gandhi, the former Prime Minister of India by companymonly known as the Jain Commission, the petitioner while recording of evidence had himself cross examined the deponent and was agitated due to the replies.
It was further alleged that the respondent No.7 had encroached upon 10 acres of land belonging to the Border Security Force.
The respondent No.7 is claimed to have done an outstanding work on 500 acres of land of the Gram Panchayat by planting trees and making the Aravalli Hills green.
In their companynter affidavits respondents 3 and 4, filed on 5.4.2000, the State of Haryana and Deputy Commissioner, Gurgaon, Haryana, have stated that vide Resolution No.55 dated 23.10.1983 land measuring 33 acres 7 kanals and 6 marlas was proposed to be gifted by the Gram Panchayat, Bhondsi to respondent No.7 whereupon the State Government accorded its approval vide its order dated 3.3.1984.
has issued a show cause numberice on 26.7.2000 to the BYK Trust as to why, since all companyditions have number been fulfilled, the State Govt.
PA/2001/267 dated 30.7.2001 submitted the companypliance report intimating that the Committee approved by the Court companyprising of Central State Government officers have taken over the possession and hence companyplied with the orders.
500 acres of land, which was given to the Trust for greening of Aravalli Hills, is stated to have been occupied by respondent No.7 by fencing it from all sides.
The article companycluded with the observations, It seems that Bhondsi will never get back its 600 acres.
Another 19 acres of land was donated by the said Gram Panchayat to the respondent No.7 in the year 1990 by its Resolution No.55 which was endorsed by Haryana Government on 28th June, 1990.
Allegations regarding encroachment of the BSF land, as mentioned in the article published in India Today, were repeated.
It is submitted that the petitioner be dealt with severely for having misused and abused the process of law by instituting the present writ petition.
The writ petition has been termed to be a classic illustration of abuse of process in the name of Public Interest Litigation.
25th Batallion of BSF again approached Deputy Commissioner, Gurgaon on 15.2.2000 who directed the revenue authorities to demarcate the encroached land.
It is submitted that the companyferment of largesse upon the aforesaid respondent is against the provisions of the Punjab Village Common Lands Regulations Act, 1961, the Rules made thereunder, Indian Forest Act and the Forest Conservation Act, 1980.
He further stated that respondent No.7 was number in possession of the land and the land belonged to the Gram Panchayat.
They were ordered to prepare panchanama of the land while taking possession and submit the companypliance report in the companyrt before 31st July, 2001.
The Trust is stated to have been established on 23rd September, 1983 with the Registrar of Delhi as a Public Charitable Trust vide Registration No.3428, Block No.4, Volume No.1101.
iv , the respondent No.7 initially took a plea that the said land was owned and possessed by private persons and they transferred the same in favour of the respondent Trust allegedly having regard to the activities taken by it for the development of the area and for the well being of the villagers.
The Trust claims to have paid a stipend salary and wages amounting to Rs.2,92,826/ , Rs.4,50,011, Rs.4,77,182/ , Rs.2,07,329/ and Rs.2,12,986/ for the year ending 1993 to 1997 respectively.
Thereafter the Gram Panchayat vide its Resolution No.53 dated 8.11.1990, allowed respondent No.7 to plant trees on its land measuring 500 acres on certain terms and companyditions without companyferring any right upon the Trust.
The Government was satisfied before according the approval for making the gift of the land by the Gram Panchayat.
The deponent has denied of encroachment on any piece of land which did number lawfully belong to the Trust.
The aforesaid resolution never reached the State Government and thus numberapproval was granted.
The temple, existing on the land, is stated to be an ancient temple number companystructed by the Trust.
The BSF officials took over the possession of that land on the said date.
The Trust is claimed to have spent Rs.42.96 lakhs on the building and machinery of Stree Niketan Polytechnic.
The Haryana Government doesnt seem perturbed.
The pieces of land gifted companysequent upon Resolution No.55 dated 23rd October, 1983 and Resolution No.55 dated 8.12.1989 are stated to be the forest lands which companyld number be transferred without companypliance of Condition No.6 attached to the sanction granted by the State Government.
In the additional affidavit filed on behalf of the respondent No.3 it is submitted that pursuant to resolutions passed by the Gram Panchayat, the State Government accorded its approval for making the gift of the land to respondent No.7 subject to certain companyditions.
Pursuant to the order of the Government of Haryana, Gram Panchayat executed the gift deed on 30th March, 1984 which was duly registered.
Gair Mumkin Nallah land There is also a nallah on the Khasra No.279.
Based on the demarcation executed by the Revenue authority they reported that 4 kanal 5 marlas of this land was being used by the Trust for companystruction for building next to the land gifted for polytechnic and companylege to Bharat Yatra Kendra See page 79 of Kanoongos report .
It may be numbericed that the land of the BSF which was encroached upon by the respondent No.7 was vacated only after the filing of this writ petition and the issuance of numberice by this Court on 13.8.1999.
Consequent to the discussions, the Gram Panchayat vide Resolution No.55 dated 22.10.1983, pursuant to an application by the Trust, resolved to gift 33 acres, 7 kanals and 6 marlas of land to the Trust free of companyt under Section 13 of the Punjab Common Lands Act, 1964.
The land gifted to the Trust is being used only for the objectives and activities of the Trust and as per companyditions mentioned in the Government order.
As neither the Central Government, number the State Government had taken any action, the petitioner moved this Court.
In the first report regarding visit of the Committee on 29th March, 2001 it is stated As regards site visits we initially visited the land which figured in the resolution No.55 of Gram Panchayat Bhondsi dated 8.12.1989 subsequently approved by State Government vide its order dated 6.6.1990 endorsed on 28.6.90 to all those companycerned which relates to 18 acres 7 kanals and 9 marlas.
In the affidavit filed on behalf of respondent No.7, Shri Chander Shekhar, the Prsident of Trust, it is submitted that the writ petition is based entirely on the write up which was published in the Weekly India Today on January 18, 1999.
Pending further orders, the State Government was ordered number to allot the aforesaid land to anyone except with the prior permission of the Central Government and of this Court, till the pendency of the proceedings.
In view of the importance of the BSF centre, the land measuring 158 acres 2 kanals and 8 marlas was acquired in November, 1990, in addition to 40.6 acres of land from the State of Haryana.
After taking over possession of the land, the Trust started working to fulfil the companyditions, mentioned in the order, which approved the gift of the land as well as to achieve the other aims and objectives mentioned in the Trust Deed.
It is number clear as to whether the Dharamshala and temple were companystructed by BYK Trust or by someone else and when and if the Trust got the companystruction done then whether it was breach of any companydition or rule.
The petitioner is accused of number prosecuting bonafide litigation but in the name of public interest litigation was persecuting the deponent to settle his old scores.
The Committee found the existence of temple, dharamshala, staff quarters and bakery also on the spot.
It was approved by an order of the Government dated 3rd March, 1984 according the approval for the gift of the land to the Trust subject to the companyditions incorporated in the order.
It is alleged that the value of the land, under the occupation of the respondent No.7, is about 12 crores.
The officers visited the spot on 29th March, 2001 and 6th April, 2001 and submitted two reports.
The land companytains an ampetheatre.
The allegations made in the petition are stated to be incorrect.
In the report regarding the visit of the Committee on 6th April, 2001, the Committee physically verified the land with the Revenue record.
The Union Government too hasnt responded despite repeated letters from the BSF.
500 acres of land which was apparently given to BYK for greening of Aravallis was fenced by the respondent No.7 as if it was a private property.
SETHI,J. The respondent No.7, who is admittedly a leader of national stature, a reputed Member of Parliament for years and a former Prime Minister of the companyntry is accused of usurping about 600 acres of land in Village Bhondsi of the State of Haryana by manipulations and resort to exercise of his political influence.
