CHANDIGARH: The Punjab and Haryana High Court has put the Haryana Sahari Vikas Pradhikaran (HSVP) under scrutiny, demanding a reply by Monday regarding its controversial decision to allot a piece of land, historically a pond in Mansa Devi Complex (MDC), Panchkula, to a private builder for a luxury housing project.
The land in question, located in Bhainsa Tibba village within MDC, was originally acquired by the government for public purposes. However, in June 2024, it was controversially allotted to Softobiz Technologies Private Limited for Rs 24.52 crore, earmarked for the construction of multi-crore apartments.
The petitioner, 71-year-old Rajinder Singh, a resident of Bhainsa Tibba village, has brought the matter before the High Court, alleging a clear case of “land-use fraud.” His plea asserts that land acquired for public benefit has been illegally diverted for private commercial gain, a move that he argues contravenes both the Land Acquisition Act and environmental protection laws.
The petitioner’s counsel has buttressed their argument by citing multiple Supreme Court rulings, emphasizing that land acquired for public use cannot be repurposed for private profits. Furthermore, the petition invokes provisions of the Haryana Pond and Waste Water Act, 2018, which strictly prohibits construction on designated pond land without government clearance. It also references the Centre’s ‘Mission Amrit Sarovar’ scheme, a nationwide initiative aimed at rejuvenating water bodies.
A division bench, comprising Justice Sudhir Singh and Justice Alok Jain, has taken cognizance of the serious allegations and has directed the HSVP to file its response.
This is not the first time the land has been a subject of legal contention. The petitioner’s counsel highlighted a previous writ petition (CWP No. 8961 of 2002) concerning the same land, which was dismissed by the High Court after the state assured the court that the pond had “lost its character” and was required for a “vital public project.” However, no development followed that assurance.
The court was further informed that on November 22, 2022, a meeting of the Mata Mansa Devi Shrine Board, chaired by the chief minister, discussed a proposal to sell the land. Subsequently, possession was transferred to the HSVP in May 2023, leading to the controversial allotment to Softobiz in June 2024. It was also revealed that the land was initially acquired for religious and public welfare projects, including a dharamshala, bhandara facilities, and a dispensary under the Shri Mata Mansa Devi Shrine Board.
The petitioner is seeking the quashing of the original acquisition notifications and the June 28, 2024, allotment letter that transferred approximately 1.1 acres to the private firm. Crucially, the High Court has been informed that the pond is still officially reflected in the jamabandi (record of rights) for 2020-21, further strengthening the petitioner’s claim that its character as a pond remains legally recognized. The outcome of this case will have significant implications for land-use policies and environmental protection in the region.
