In India Lose Your Land while Serving Mother- Land?

It was in 1989 that I had purchased, out of my Defence

Service Salary savings, from my Defence Service

provident Fund account, a registered residential piece of

Land in Nangal Sodian, Pinjore, Haryana for my Post

Retirement Settlement. But when the retirement came

and there was need to settle down the 1989 purchased

piece of Land was acquired by Haryana Government in

2007-2010- without Notices of actual communications.

The 1989, duly registered purchase of the residential

piece of land had been duly informed to my Defence

Service. The Residential piece of Land was reflected, year

after year, in the mandatory Property returns.

The piece of Land was duly registered with Sub Registrar,

Kalka- Haryana Government recognized my ownership

and the Title knowing fully well my then Armed Force

Rank of Squadron Leader of Indian Air Force.

I had to spend huge amounts in developing the piece of

Land. I constructed a Boundary Wall, Damp Proof Coated

and enclosed the piece of Land. I had put a Name Plate of

my Defence Service Rank and Name on the Gate of my

walled Enclosure.

From 1989 to 1995 there was no objection from any one.

From 1995 to 2001 there was no objection from any one.

From 2001 to 2005 there was no objection from any one.

All in the revenue Department of Haryana knew that I had

my piece of Land as an Air Force Officer, that the

adjacent piece of Land, duly enclosed and Name Plated

belonged to my younger brother again an Infantry Officer.

That the next to my youngest brother's lay the developed

and name plated plot of my middle brother- serving in the

Para Military Forces. It is during the fag end of my service

2007-2010 that the acquisition was effected without

Notice or an inkling.

We had not purchased the plots for investment. Many

people sold theirs and bought bigger plots else where.

But we were to settle down after our respective

retirements from the services. I had sited the Plot for

Center For Historical Research, Haryana and also for the

settlement of my Physically Challenged Son. Its all on

record, known to Haryana Government.

I retired in September 2010. Now was the time to take

care of my self, my old parent and physically challenged

ward as the Service was over wherein Service before Self

was the key note, ingrained in head and heart.

It was learnt that on 26.09.2007 the Haryana Government

had issued a Notification intending to acquire the

developed Land, leaving barren open tracts of Land for

handing it over to Haryana Urban Development Authority

(HUDA) for developing it as Sectors for Pinjore and selling

it at exorbitant prices- couching it as Public Purpose.

There was no Master Plan in existence in 1989 when my

small piece of Land was registered with Sub Registrar,

Kalka as residential Piece of Land/ Plot.

It is on record, as learnt later, that the Land Acquisition

Officer Panchkula submitted in his Report dated

23.07.2008 that the Plots of Land, including mine, be

exempted from acquisition.

But the Land Acquisition Officer was promptly

transferred out. A Joint Site Inspection Committee headed

by the Administrator HUDA reversed the

recommendations of the Land Acquisition Officer and on

25.09.2008 the Notification was issued including the

pieces of Land of the Soldiers and Ex Servicemen in the

Acquisition while exempting pieces of Land wherein there

were constructed/ inhabited pieces of Land as per some

Policy of the Haryana Government. How could Soldiers

serving away, at far off places, inhabit theirs?

On 24.09.2010 , it is learnt later, an Award was passed by

the Land Acquisition Officer and it is stated on the same

very day the Paper possession of the Land en-block was

handed over by the Urban Estates Department to HUDA.

The Possession , however, continued with us.

I retired in end September 2010 and thereafter have

been corresponding till date with Haryana Government,

requesting release of registered residential piece of Land.

The Replies have been- the matter is being looked in to

(May 2011)- that the case has been forwarded to Haryana

Urban Estates Department as the power to free from

acquisition is vested with Director Urban Estates

(November 2013).

In January 2014 the Urban Estates Deoartment released

from Acquisition a piece of Land , similarly acquired in the

same Acquisition Proceeding in the same area during

2007-2010 , belonging to one Shri Jitender Kumar

Sharma- an open, an un-built piece of Land- grounds- the

CM Haryana was interested in releasing that piece of

Land- and that the said Mr Sharma was/ is in the Indian

Revenue Service!

I have not approached any Court of Law so far as the

Lawyers charge quite a lot of money and that fighting

against the State of Haryana is tough task.

The Indian Ministry of Defence / Prime Minister Office/

Office of the Chief Minister of Haryana have not listened

to my appeals wherein I had requested the release of my

piece of Land as in the case of Shri Jitender Kumar

Sharma.

We, all the brothers, in the Armed Forces along with our

three sons in the Indian Army, have submitted to CM,

Haryana, PMO, Defence Minister of India and even the

Supreme Commander of the Armed Forces of India that

when the Acquisition process was initiated by the State of

Haryana:-

(i) No cognizance was taken of the Fact that India was no

longer Bengal Presidency wherein the Land Acquisition

Act 1894 was applied . The Boundaries and Territories of

India, being far more vaster than at those olden times,

there was need to have apprised us through the Internet

Notifications or through Ministry of Defence, Union of

India or at least at our addresses as it was well known,

through the Revenue records of the State of Haryana that

we were all in the Services, staying away from Haryana

where neither the State Gazette Notifications nor the

Local Newspapers reached.

(ii) No Notices under Section 4, 6, 11 and 12 of the Land

Acquisition Act 1894 were ever sent to us either at our

registered Addresses or at Armed Forces Headquarters.

(iii) Till date the neither the Defence Ministry nor

anyother Office has released our only pieces of Land

whereas the Plots of others- non Soldiers- have been

released and they were asked to pay only Developmental

charges.

May I request all of you, my countrymen and brethern

Soldiers,all over, to take up the case with the Defence

Minister, PMO and the CM of Haryana to release from

acquisition the residential pieces of Land of those Soldiers

and those in the Service of the Union of India, serving

away from Haryana during 2007- 2010.

May I request the Supreme Commander of the Armed

Forces of India, Prime Minister of India and the Defence

Minister of India as also to the Chief Minister of Haryana

to kindly release the residential pieces of Land of ours.

The Plot, adjacent left and contiguous to that of mine has

already been exempted from acquisition in 2011 by the

Orders of the High Court.

The Plots to the right of ours have also been exempted.

May I request the Hon'ble Supreme Court of India to order

an investigation in to the matter.

There is no other Country in the World, wherein, to my

best of knowledge and belief, this sort of injustice

prevails.

Must we lose our Land for serving the Mother- Land?