April 5, 2013
To, Chairman cum Deputy Commissioner Fazilka, Improvement Trust, Fazilka Fazilka-152123
Subject: Objection on the acquisition of 16.38 Acre land belongs to M.R. College Educational Trust for commercial and residential Purposes.
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1. The said land 16.38 acre land in question at Freedom Fighter Road opposite to Green Avenue belongs to Educational Trust. Gifted by Late Shri M.R. Aggarwal in order to uplift the Educational activities in the area. Already the matter is in the court with the occupant (Kabjadharak) and Trust. Why efforts are not being taken up to evacuated the said land by the District Administration, for the betterment of Higher education in the border region. Many Honorable Supreme Court and High Court Judgments are available in order to protect the land gifted under charity for a particular cause which cannot be further changed. Like land given for the cause of “upliftment of education in the region� is seems defeated. How and why such basic legal facts are ignored while making such ad-hoc proposals. Kindly mark my objection on this. 2. There is no survey or report available related to the Housing need in the City. The matter may be closely examined from that very prospective, like what is the future growth rate, how many further dwelling units are needed, what is proposed master plan zoning for the area, and what is the need to build housing project on education trust land?. Fazilka Municipal Council has more than 400 acre of Land and many other properties. Why this particular Land. Kindly mark my second objection on the same. 3. Under Section 35 of Punjab Town Improvement Act 1922 the essential Matters are required to be considered when framing improvement schemes as follows; (a) The nature and the condition of adjoining localities and of the town as a whole; (b) The direction in which the town appears likely to expand; and
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This is with reference to the recent advertisement Published by Improvement Trust Fazilka related to the subject matter on dated 22nd March 2013 and on 29th March 2013 in Rojana Ajit (Punjabi) newspaper. With regards to the Notice publishes, kindly mark my objections on the following ground.
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(c) The claims of any other part of the local area likely to require a scheme under this Act. None of the said three points in Section 35 of the act are in compliance with this scheme. Disputed land of Education trust is being taken up, no master plan and no Local Municipal Council approval for the said scheme in the form of resolutions and furthers no consent by the College Trust. Under what circumstances, the said scheme is being taken up or priority basis. Kindly mark my third objection for the same. 4. Whereas under Punjab Town Improvement Act 1922, Improvement Trusts are assigned with many duties and functions, as prescribed from section 22 to section 44 of the act. Whereas it is found that after the dissolution of Improvement trust by the state government on 11th July 2012 and appointed civil service officials in place of the chairperson. Only residential schemes are being taken up on priority basis. Despite of the ban of illegal colonies by the Honorable Punjab and Haryana High Court in absence of Master Plan. Why such keen interest of Improvement Trust towards colonization, and not towards any other developmental works? Further As per Government of Punjab, Government of Punjab, Department of Science, Technology, Environment and Non Conventional Energy vide notification no. 3/6/7/STE (4)/2274 dated 25th July 2008. As per Notification “Master plan the final legal solution to planned development and hence the master plans are prepared in a time bound manner on priority”. Fazilka notified as District status on 27th July 2011, and as such no final master plan has been prepared yet for the Fazilka, but overruling and ignoring such applicable acts using the wrested powers to the concerned officers, such ad-hoc residential and commercial scheme on the educational trust charity land is being taken up. Kindly mark my fourth objection in connection to the third for the same. 5. Notification is given under Section 36 of the Punjab Town Improvement Act, 1922 which is pari material to the notification under Section 4(1) of the Land Acquisition Act, 1894. Act clearly mentioned district collector to consult the senior agricultural officer of the district to ascertain whether it is “good agricultural land” or not. Matter related to the same is already under consideration at District Courts. Agricultural income of about 1 lakh per year is being earned by Trust/College and said land cannot be acquired for commercial or residential purposes. Act is very clear on that. Ignorance of Law is no excuse. If these points are ignored then cost incurred on the advertisement is shear wastage of Public welfare money. What action as per law is liable against the concerned officers? Why such land acquisition rules are being ignored. Kindly mark my fifth objection for the same. 6. More than 110 year old Heritage Building “Raghuwar Bhawan” is situated right at the middle of this Plot. This was constructed in the year 1905 by Late Sh. Munchi Ram Aggarwal to the name of His only son. Before his death Munchi Ram ji decided to gave his entire movable and non movable property in order to create best
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educational Institute at Fazilka. Many function and ceremonies are organized in its surrounding like Anand Utsav by the Nai Abadi Residents. Graduates Welfare Association Fazilka vides their proposal dated 22 May 2007 sent the same building along with D.C Resident Building under Fazilka Tourism development scheme for restoration purposes. These two are the heritage buildings. Further Municipal Council is in the process of getting its restoration done. This was also brought into the kind notice of UNWTO team visited Fazilka in order to explore the tourism possibilities in Fazilka. How by goofing up the facts and further without giving due consideration to such important aspects the proposal is conceived. Kindly mark my sixth objection for the same as well. 7. On 13th August 2012, Honorable Cabinet Minister Punjab Shri Surjeet Jyani announced Raghuwar Bhawan and surrounding place at this land to develop as Community Centre for the residents of Nai Abadi, Basti Chandora, and Teacher Colony and for other residents living nearby to this land. President Local Municipal body Mr Anil Sethi assures the same during the concluding day function of Anand Utsav 2012 (Annual Environment Festival of Fazilka). Kindly mark my seventh objection on the same as why the Municipal Council is not consented before taking up this proposal, which is mandatory as per Punjab Town Improvement Act 1922 and such important decision about the said land is question were ignored. 8. In the last couple of years the educational institute land is misappropriate used by various government authorities. Like the Mini Secretariat is constructed at the Land of Islamia School land, M.R.Govt. Girls College wing land is converted totally into commercial purposes, at the land of Govt. Primary School No.1, SSP Office is being run, At Govt. Primary School No. 3 land given to one community In order to please vote bank. Now this fifth one, where the land of premier education institute of region is used for commercial gains. Administration has failed to provide any better educational facility in the region after independence but however they have taken everything from Fazilka which was gifted by philanthropists of the region for the sake of Education. For this 16.38 acre land in question, Instead of getting it vacated from the illegal encroachment and restoring them to their original custodian which is college trust, District Administration and Improvement Trust is trying to take the advantage of the ongoing litigation between the occupant and original owner of land i.e. College Trust. Why the matter of land under litigation is not resolved on priority basis by District Administration. The concept “welfare state� is missing from the entire process is district administration functioning and it is more on the lines of real estate development body. Kindly mark my eighth objection for the same here. 9. Prima facie from the above facts it seems that Improvement Trust seems, least interested in the overall Holistic and sustainable development of the city. Improvement Trust is trying to generate additional revenue for at the cost of Public sentiments and properly using their vested powers which are actually made to benefit Public Welfare.
10. This move of acquiring Public land to add revenue to state exchequer and also to facilitate adjacent colonies via price boom, through such unprecedented and ad-hoc move by the authorities using the vested powers is seems illegal. In view of the above facts, kindly mark my objection for the same ill conceived scheme and also I request you to kindly re examined the entire colony project at a broader spectrum. The angle of involvement of few Improvement Trust officers with the real estate agencies may also be examined. Media reports and pictures related to the matter are enclosed with this letter for your kind consideration. Hence, I request you, without hurting the Public Sentiments at Large, the said illegal and ill planned scheme may be suspended and project of restoration of Raghuwar Bhawan shall be taken up at Priority.
Thanking You, Sincerely Yours,
Navdeep Asija VI/118, Baba Namdev Nagar Near TV Tower, Fazilka – 152123 (Punjab) E: navdeep.asija@gmail.com M: +91.9803-152123
Cc.: 1. Mr. Suresh Kumar, IAS Principal Secretary (Local Government), Mini Secretariat, Punjab Sector 9, Chandigarh (UT)
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Encl.: As Above (Total 8 Pages)
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2. Ms. Tejinder Kaur, Retd. IAS Punjab Infrastructure Regulatory Authority, Mini Secretariat, Punjab Sector 9, Chandigarh (UT)
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Figure 1 : Dainik Jagran 24 March 2013
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Figure 2 : Hindustan Times, 25 March 2013, Bathinda Edition
Figure 3 : Pictures of Heritage Building Raghuwar Bhawan Situated at Said land in question
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Figure 4 : Frontal view of Heritage Building Raghuwar Bhawan Situated at Said land in question
Improvement Trust acquires philanthropist’s land Our Correspondent Fazilka, March 26 Lala Munshi Ram Aggarwal Charitable Trust, Fazilka, a registered body set up in 1937 by the philanthropist Munshi Ram Aggarwal Lakhpati, with the objective of promoting education has been caught unawares by the move of the Improvement Trust, Fazilka, to acquire its 16 acres of land without any notice. The Trust had set up MR College in 1940 in the memory of its founder Seth Munshi Ram Aggarwal. The college, which was a pioneer educational institute, catered to the educational needs of a large area for several decades. The college was taken over by Punjab government in 1980 and was rechristened as MR Government College. Since then, the Trust has been serving humanity. As its founder had donated his entire land to the Trust for the furtherance of welfare scheme, it continues to own 16.3 acres of land on Freedom Fighter Road.
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http://www.tribuneindia.com/2013/20130327/punjab.htm#18