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Govt can form board on land
acquisition cases: HC

Chandigarh, February 23
Just about five months after a Division Bench of the Punjab and Haryana High Court described as “extralegal” the process of referring land acquisition cases to a high-powered committee in Haryana, a larger Bench has ruled that the state government can constitute the board.

Khemka effect: Hooda government moves to check shady land deals
Major changes in CLU norms in land deals proposed

Chandigarh, February 23
Rattled by the embarrassment caused by ‘shady’ land deals, including the Robert Vadra-DLF land deal, the Bhupinder Singh Hooda-led Congress government has moved to instill transparency in property transactions by effecting significant changes in the change of land use norms.

OPS Vidya Mandir children celebrate ‘Grandparents Day’ in Karnal on Saturday.
OPS Vidya Mandir children celebrate ‘Grandparents Day’ in Karnal on Saturday. Tribune photo: Ravi Kumar



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EARLIER STORIES



CJ for mediation to end disputes
Hathin (Palwal), February 23
Punjab and Haryana High Court Chief Justice AK Sikri today stressed the role of mediation to resolve disputes and urged lawyers to play a pro-active role in this regard. Speaking at a public function after laying the foundation stone for a judicial complex here, Justice Sikri said mediation as a first recourse to settle disputes would soon be in vogue in the country, as was the case in western countries, especially Europe and the US.

Youth held for raping minor
Faridabad, February 23
The alleged rape of a minor girl by the son of her mother’s friend in his house, four days ago, has come to light today. The victim’s mother today reported the matter to the police after her daughter narrated the incident to her. The police said the accused, Rohit Sachdeva (20), had been arrested after an FIR was registered against him.

Ajay’s address from jail: Bishnoi seeks action
Rewari, February 23
Haryana Janhit Congress (HJC) supremo Kuldeep Bishnoi today took a strong exception to INLD secretary general Ajay Singh Chautala’s reported address from the Tihar Jail to a gathering at Mundlana village in Sonepat district on February 21 and demanded action against “erring” jail officials while seeking a high-level probe into “such violation” of provisions of the jail manual.

Swine flu toll mounts to 37
Chandigarh, February 23
A total of 37 persons have so far lost their lives due H1N1 (swine flu) in the state since January 1. Official sources said a total of 591 suspected cases of H1N1 s have been tested and screened in Haryana since January 1 and out of them, 294 cases have been reported as positive. Five of these were reported positive yesterday. The maximum of seven deaths have been reported from Sirsa district.

 





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Govt can form board on land acquisition cases: HC
Saurabh Malik
Tribune News Service

Chandigarh, February 23
Just about five months after a Division Bench of the Punjab and Haryana High Court described as “extralegal” the process of referring land acquisition cases to a high-powered committee in Haryana, a larger Bench has ruled that the state government can constitute the board.

The three-Judge Bench of Chief Justice Arjan Kumar Sikri, Justice Hemant Gupta and Justice Rajiv Narain Raina, at the same time, held that the final order on withdrawal of acquisition has to come from the state government and not from the committee.

The development is significant as more than a year ago, 70 petitions were filed, challenging the land acquisition for development of nine sectors in Gurgaon. Most of these were withdrawn after Haryana came out with the offer of reconsidering the matter by setting up a high-powered committee. The petitions included case filed by internationally renowned artist and Padma Shri awardee Anjolie Ela Menon.

The ruling is also significant, as a Division Bench had earlier ruled that the decisions of the high-powered committee, constituted in terms of court orders or on basis of concession given by the state, “shall remain subject to the final decision of the larger Bench”.

In its detailed order on petition filed by Ram Murti Sarin and other petitioners, the larger Bench held: “The State Government is within its executive powers to seek opinion of such person or authority before it exercises jurisdiction conferred on it under the provisions of Land Acquisition Act, 1894, that is under Section 6 or under Section 48 of the Act. But the final decision can be taken only by the state government and too by way of the notifications.”

“But if the possession has not been taken by the Land Acquisition Collector as per the award announced by it, the state government can allow the acquisitions proceedings to lapse without publication of notification under Section 48 of the Act, if it is no longer interested in acquisition of land”.

The Bench added: “We find that the withdrawal of acquisition only on the basis of the report of the high-powered committee is contrary to the scheme of the Act and is illegal. The withdrawal from acquisition has to be by way of a notification and by following the same process as is required in the manner of acquisition”.

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Khemka effect: Hooda government moves to check shady land deals
Major changes in CLU norms in land deals proposed
Pradeep Sharma
Tribune News Service

Chandigarh, February 23
Rattled by the embarrassment caused by ‘shady’ land deals, including the Robert Vadra-DLF land deal, the Bhupinder Singh Hooda-led Congress government has moved to instill transparency in property transactions by effecting significant changes in the change of land use (CLU) norms.

Now, before granting any CLU from agricultural use to commercial and housing purposes, the Town and Country Planning Deparment would obtain ownership certificate from district revenue officer (DRO) through the deputy commissioner (DC) concerned, a recent order issued by Anurag Rastogi, Director General, Town and country Planning, has said. Besides, the applicant, who originally applied for the CLU, would also have to give an undertaking that the land had not been transferred to any other party at the time of the grant of a letter of intent (LoI) for the CLU under the Haryana Development and Regulation of Urban Areas Rules, 1976.

Official sources told The Tribune that the new rules would help check malpractics in the grant of discretionary CLUs which had allegedly been misused with impunity, like the old discredited industrial licensing regime to favour the realtor-politician-bureaucrat nexus.

The far-reaching changes in the CLU norms are seen as offshoot of valid issues raised by whistleblower IAS officer Ashok Khemka while canceling the mutation of the 3.5 acre Vadra-DLF land at Shikohpur (Manesar) amounting to Rs 58 crore last year. The ‘ambiguity’ in the rules has been exploited by the unscrupulous builders in connivance with the politician-bureaucrat nexus for a long time. The case was no different in the case of the Vadra-DLF land deal. Sky Light Hospitality, a Robert Vadra company, had purchased this land for Rs. 7.5 crore on February 12, 2008. On March 28, 2008, the Town and Country Planning Department, headed by Hooda, issued Vadra’s company a licence to develop 2.701 acres of land into a housing colony.

Though the sale deed of this land for Rs. 58 crore to DLF was registered on September 18, 2012, Vadra had “entered into an agreement to sell within 65 days of the issue of the first licence.” By October 2009, he had received Rs 50 crore out of the total sale consideration, the first instalment of which was made on June 3, 2008.

Claiming that new rules would check certain ‘irregularities’ in the property transactions, a senior official maintained that discretion in the matter of grant of CLUs would be checked to a certain extent.

Making CLUs 'transparent'

  • DCs to certify that ownership of land still vests with person seeking CLU
  • Applicant to give undertaking that land still with him at the time of letter of intent (LoI)
  • New rules may curtail malpractices for grant of CLUs
  • Decision an offshoot of Khemka order canceling Vadra-DLF land deal

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CJ for mediation to end disputes
Tribune News Service

Hathin (Palwal), February 23
Punjab and Haryana High Court Chief Justice AK Sikri today stressed the role of mediation to resolve disputes and urged lawyers to play a pro-active role in this regard. Speaking at a public function after laying the foundation stone for a judicial complex here, Justice Sikri said mediation as a first recourse to settle disputes would soon be in vogue in the country, as was the case in western countries, especially Europe and the US.

Settlement of cases through mediation are enduring as the disputants informed consent is involved. There is no rancour as is often in adjudication of cases by the courts following adversarial stance by the disputants before them, he added.

He further said 95-97 per cent of disputes in Europe and the US were settled through the process of mediation. Consequently, the courts there were not overburdened.

He lamented that mediation as a tool of conflict resolution, which has roots in our culture and civilisation, had been overlooked. But the countries abroad had successfully borrowed it. He cited the panchayat system and mythical legend of Lord Krishna of Mahabharata meeting the Kauravas on behalf of the Pandavas to ward off the epic battle.

Referring to the proposed judicial complex here, he hoped it would emerge as a “temple of justice”. It was an effort to bring justice on the door step of the public, he added.

He lauded that the Haryana State Legal Services Authority for its role in making justice available to the weaker sections of society. He rated the performance of the authority in Haryana to be ahead of other states.

SK Mittal and Hemant Gupta, judges of the Punjab and Haryana High Court, who spoke on the occasion, urged the lawyers to be flag-bearers of equitable and speedy justice.

The former urged the lawyers, which was also supported by Sikri, not to protract disputes in courts.

The judicial complex, which is to be housed in two-storeyed building, will be completed in two phases at an estimated Rs 8 crore.

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Haryana’S shame
Youth held for raping minor
Tribune News Service

Faridabad, February 23
The alleged rape of a minor girl by the son of her mother’s friend in his house, four days ago, has come to light today. The victim’s mother today reported the matter to the police after her daughter narrated the incident to her. The police said the accused, Rohit Sachdeva (20), had been arrested after an FIR was registered against him.

The victim’s mother, who is a divorcee, used to drop the girl at the accused’s house often for day care.

Four days ago, Rohit’s mother admitted the girl to the local BK Civil Hospital for chest infection. The girl was later discharged from the hospital.

SHO Devender Singh said the hospital staff was not informed about the sexual assault.

The girl later told her mother about the incident.

Rapist gets 10-yr jail

Kurukshetra: The local court has sentenced a rape accused Arun Raut to 10-year imprisonment and also imposed a fine of Rs 80,000 on him. In case of non-payment of fine, he will have to under go additional nine-month imprisonment.

District police chief Rakesh Kumar Arya said a person had lodged a complaint on December 24, 2011, alleging that his minor daughter had been abducted by Arun Raut of Dumri Kalan in Bihar with the intention to marry her.

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Ajay’s address from jail: Bishnoi seeks action
Our Correspondent

Rewari, February 23
Haryana Janhit Congress (HJC) supremo Kuldeep Bishnoi today took a strong exception to INLD secretary general Ajay Singh Chautala’s reported address from the Tihar Jail to a gathering at Mundlana village in Sonepat district on February 21 and demanded action against “erring” jail officials while seeking a high-level probe into “such violation” of provisions of the jail manual.

Addressing a Janhit Mahapanchayat convened by former MLA Raghu Yadav, Bishnoi said the HJC candidates’ victories in the Hisar parliamentary and Ratia assembly byelections had decimated the INLD politically.

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