Maintain status quo on Quark land: High Court

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Chandigarh, August 10

The Punjab and Haryana High Court today ordered the maintenance of status quo on a petition filed by Fauja Singh Infrastructure Private Ltd — a company belonging to the Quark Group — against the impugned action of the state of Punjab and other respondents in attempting to take forcible possession of their 1,047 acres at Chotti Badi Naggal village.

Appearing before the Bench of Justice Augustine George Masih and Justice Sandeep Moudgil, senior advocate Chetan Mittal with counsel Kunal Mulwani submitted that the petitioner-company was a foreign direct investment and had already set up a famous QuarkCity IT SEZ in Mohali on plots allotted by the Punjab Government. The land in question was already a part of a mega project already approved by the respondent-State. It was the only surviving super mega project of Punjab and they had invested Rs 10,000 crore in the state and provided 35,000 jobs. The petitioner’s grievance was that they had purchased the land under an MoU for developing the project in two phases between 1999 and 2005 after verification of the revenue record in which proprietors were recorded as owners in possession. No objections were raised by any of the authorities at that time and thereafter, they were recorded owners in the revenue record as well. The properties were purchased at the market value and the state earned huge revenue from the stamp duty, etc.

In 2010, the gram panchayat concerned filed a petition under the Punjab Village Common Land Act, allegedly through a gram sewak claiming to be the owner. The company was also made a party and they filed written statement in 2012. An order was pronounced on September 21 last year, but it was notified on June 8. Section 11 of the Act only gives declaration of ownership. Against that, 60 days time is provided to file an appeal.

The petitioner has already filed an appeal before the competent authority on August 8. However, the state authorities suddenly came to the spot on July 29 to take forcible possession without any order of ejectment or prior intimation.

Mittal submitted that they had to follow the due process of law and could not take forcible possession by misusing the state machinery.