Air Force Depot C.W.P. No. 15681 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

(CIVIL WRIT JURISDICTION)

C.W.P. No. 15681 of 2016

IN THE MATTER OF:

Vikram S/o Lat Sh. Ashok S/o Late Sh. Rajender

Permanent R/o Khasara No. 10890/3180/2051-2057/1,

Sheetla Mata Road, Gurgaon Village (Rajiv Nagar),

District- Gurgaon (Haryana).                                             ............Petitioner

//VERSUS//

1.      Union of India

            Through its Secretary, Ministry of Defence, New Delhi.

2.      Defence Research and Development Organisation (DRDO)

            Through its Secretary,

            Department of Defence Research & Development,

            Ministry of Defence, New Delhi.

3.      Ministry of Rural Development,

           Department of Land Resources

           Through its Secretary,

           NBO Building, Nirman Bhawan, New Delhi

4.      State of Haryana,

           Through Secretary,

           Town & Country Planning and Urban Development Haryana,

           Haryana Civil Secretariat, Sector – 1, Chandigarh.

5.      Municipal Corporation of Gurgaon,

           Through its Commissioner, Gurgaon.

6.      The Collector-cum-Deputy Commissioner, Gurgaon,

            District Gurgaon, Haryana.      

7.      Maruti Suzuki India Limited

Through its Managing Director and Chief Executive Officer
1,Nelson Mandela Road, Vasant Kunj, New Delhi – 110070.

8.      Pasco Automobiles

Through its Chief Executive Officer,

Pasco House, Plot No. 85, Old Delhi Gurgaon Road,

Sector 18, Industrial Estate, Gurgaon, Haryana 122015.

                    

.............Respondents

CHANDIGARH                               (PARDEEP KUMAR RAPRIA)

DATED: 27.04.2016                             ADVOCATE/ P/784/2007

                 COUNSEL FOR THE PETITIONER

                  Mobile No.: +919467556024

                                            E-mail:pradeep.kumar.rapria@gmail.com

CIVIL WRIT PETITION under Article 226/227 of the Constitution of India for issuing a writ in the nature of certiorari or any other similar nature praying for a declaration that the Works of Defence act, 1903 (Act no. 7 of 1903) is ultravires Constitution of India, being deemed void in terms of the Article 13 of the Constitution of India.

And/or

Issue a writ in the nature of certiorari by quashing the Works of Defence act, 1903 (Act no. 7 of 1903), sans any Rule framed there under, having no force of law and therefore ultravires Article 300A of the Constitution of India.

Further issue writ in the nature of certiorari quashing the Works of Defence act, 1903 (Act no. 7 of 1903) being in violation of the fundamental rights envisaged in articles 14, 19(1) (g) and 21 of the constitution of India. And/or

Further issue writ in the nature of certiorari quashing the Notifications issued under Section – 3 of the Works of Defence Act, 1903, as the same lacks authority of law without any Rule and therefore, consequently, the same is also unreasonable, unfair and arbitrary and marred by procedural impropriety, therefore, violative of Articles 14, 19(1) (g) and 21 of the Constitution of India. And/or

Issue Writ in the nature of Mandamus directing the Respondents to pay compensation, with effect from the issuance of 1^st Notification under the Works of Defence Act, imposing restrictions upon the use and enjoyment of the land Khasara No. 10890/3180/2051-2057/1, Sheetla Mata Road, Gurgaon Village, District- Gurgaon (Haryana) as envisaged in the final order/judgment dated 29.01.2016 in C.W.P. No. 2446 of 2011 of this Honorable Court (ANNEXURE P-26) And/or

As an interim relief direct the Respondents not to displace or demolish the house of the Petitioner till the compliance of the conditions envisaged in the final Order/Judgment Dated 18.03.1991 passed in CWP No. 6669 of 1988 (ANNEXURE P-6) And/or

As an interim relief direct the Respondents not to displace or demolish the house of the Petitioner till the rehabilitation and resettlement in terms of the National Rehabilitation and Resettlement Policy, 2007 notified in the Gazette of India, Extraordinary, Part 1, Section I dated 31.10.07 vide F. No. 26011/4/2007-LRD published by the Land Reforms Division, Department of Land Resources, Ministry of Rural Development, Government of India (ANNEXURE P-13) And/or

Grant an interim relief while restraining the Respondents from demolishing or any other coercive action detrimental to the peaceful living of the Petitioner and his family members in the ancestral home situated in Khasara No. 10890/3180/2051-2057/1, Sheetla Mata Road, Gurgaon Village, District- Gurgaon (Haryana), till the disposal of present writ petition. And/or

Grant an interim relief restrain the Respondents from demolishing or any other coercive action detrimental to the peaceful living of the Petitioner and his family members in the ancestral home situated in Khasara No. 10890/3180/2051-2057/1, Sheetla Mata Road, Gurgaon Village, District- Gurgaon (Haryana), till the payment of full compensation with effect from the issuance of 1^st Notification under the Works of Defence Act, imposing restrictions upon the use and enjoyment of the land Khasara No. 10890/3180/2051-2057/1, Sheetla Mata Road, Gurgaon Village, District- Gurgaon (Haryana). And/or

Direct the Respondents to deal with the Petitioner’s situated in Khasara No. 10890/3180/2051-2057/1, Sheetla Mata Road, Gurgaon Village, District- Gurgaon (Haryana), in accordance with the ‘The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013)’ And/or

Further issue writ in the nature of certiorari or similar writ/directions declaring that the all the Statutes and Rules framed there-under in contravention of the ‘Constitution (Seventy-fourth Amendment) Act, 1992 are ultra-vires to the Constitution of India.

Issue any other appropriate writ, order or direction which this Hon’ble High Court may deem fit and proper in the facts and circumstances of the present case