In a significant development, Ambala Divisional Commissioner Sanjeev Verma has overturned a controversial order issued in 2023 by the then Divisional Commissioner Renu Phulia. The order had lifted a more than two-decade-old stay on the sale and purchase of a 14-acre land parcel near Panchkula, originally belonging to an erstwhile king.
Phulia had then decided on a petition—filed by Prithvi Raj Chhabra, brother of former additional chief secretary Shashi Gulati—in just 15 days. Within a few months of her order, her husband and state information commissioner SS Phulia, and son Nilanchal had decided to buy five acres of the said land.
Both Renu and her husband have since retired. While she attained superannuation a few months ago, he stepped down from his post in March this year.
In his quasi-judicial order dated August 19 this year, Verma said: “…from the material placed on record on behalf of state it is clear that the then Ld. Presiding Officer (Renu Phulia) had personal interest in the matter and had already entered into an agreement to purchase the aforesaid land from the petitioners on June 20, 2023 whereas the present petition has been filed on August 28, 2023. The prospective vendees are husband (SS Phulia) and son of then Ld. Presiding officer (Renu Phulia) which clearly proves the melafidy on the part of then Ld. Presiding Officer in passing order dated 13.9.2023.”
According to official records, Shashi Gulati and her family purchased 14 acres of land from the late king’s legal heirs in the village of Beed Firozadi in Panchkula district. The late king owned approximately 1,396 acres in seven villages of Panchkula: Beed Babupur, Beed Firozadi, Bhareli, Sangrana, Barwala, Jaloli, and Fatehpur Viran.
There has been a stay on the land for the past 20 years as officials wanted to verify which know which part of the land belonging to the king falls in the surplus category under the Haryana ceiling on land holdings Act, 1972. The surplus area goes to the state government while the permissible area can be sold and purchased by individuals.
In 2023, Gulati’s family sought to revoke the stay claiming that the land concerned did not fall under the surplus category.
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To recall Renu Phulia’s order, the state filed a Misc. application before the court of IAS officer Sanjeev Verma on August 14 this year. Assistant district attorney Samta Rani, on behalf of state, contended that the September 2023 order was passed without issuing any notice to the state nor the record of the lower court was called.
While referring to Phulia’s order, the assistant district attorney added that “the court had also not passed any specific order by which such a long delay had been condoned; no such delay could have been condoned without hearing to the respondent-state”. The ADA also said: “No notice at any stage has been issued to the state, therefore, the state has every right to move to the Hon’ble court (Verma’s court) for recalling of the order dated 13.09.2023 which is totally nullity in the eyes of law.”
In his order, Sanjeev Verma noted: “It has been further contended that the then Ld Presiding Officer at that time was personally interested in the matter as there had been bargain to purchase the aforesaid land by then Ld. Presiding Officer (Renu Phulia) and agreement in this was already executed between her husband Satyavir Singh (SS Phulia) and her son namely Neelanchal. The earnest money had been paid on 20.6.2023, 22.6.2023, 1.12, 2023, 5.2.2024, 12.2.2024, 15.02.2024, 25.02.2024, 26.02.2024, and further amount has been paid on 1.3.2024, 27.3.2024 and 28.3.2024 on which date draft sale deed has been executed. From this fact, it is clear that the agreement to sell had already taken place before passing of the order dated 13.9.2023, because the first payment had been made on 20.6.2023…bulk of the amount paid on the aforesaid date has come from the account of her relation.”
“From these facts it is clear that the order dated 18.9.2003 was modified for her personal interest. Due to this reason the order dated 18.9.2003 had been passed in utter haste within a span of 15 days that too without any notice to the affected parties,” Verma’s order further mentioned.
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Renu Phulia had earlier claimed that her family’s talks to buy the land took place a considerable time after her order. “When Shashi Gulati’s family filed a petition before her court, we had no talks regarding purchase of the land concerned. They filed the case in routine, I decided it in routine. They were given permission to sell the land concerned as it is a permissible area.”
