PETITIONER:
GURNAM SINGH & ORS.
Vs.
RESPONDENT:
THE SUB-DIVISIONAL OFFICER (CIVIL) KAITHAL & ORS.
DATE OF JUDGMENT: 12/03/1996
BENCH:
RAMASWAMY, K.
VENKATASWAMI K. (J)
CITATION:
JT 1996 (3) 561 1996 SCALE (3)110
ACT
HEADNOTE
JUDGMENT
ORDER
This appeal by special leave arises from the order of the Division Bench of the Punjab and Haryana High Court made on June 11, 1979 in writ petition No.1944/79.
The admitted facts are that the appellants came into possession of the lands in question as tenants 20 years prior to 1975 and the lease had expired in the year 1975. Thereafter, no fresh lease was granted to the appellants. It is not in dispute that the lands are Shamlat Deh lands vested in the Gram Panchayat. The High Court relying upon its earlier decisions has held that under Section 7 of the Punjab Common Lands (Regulation) Act, 1961 read with Rules 19 and 20 of the Rules the Assistant Collector, 1st class has been empowered to have the appellants ejected and the notice issued under Rule 20 cannot be said to be invalid. Thus, this appeal by special leave.
Shri P.P. Juneja, learned counsel for the appellants, contended that Rule 19 is bad in law since the Act did not define as to who is an unauthorised occupant; that Rule 19 cannot specify an unauthorised occupant; and that, therefore, it is beyond the rule making power. We find no force in the contention.
Rule 19 elaborately states thus:
"19. For the purpose of Section 7
of the Act, a person shall be
deemed to be in unauthorised
occupation of any land in Shamlat
Deh :
(a) where he has, whether before or
after the commencement of the Act,
entered into possession thereof,
otherwise than under and in
pursuant of any allotment, lease or
grant by the Panchayat; or
(b) where, he being an allottee,
lessee or grantee, has by reason of
the determination or cancellation
of his allotment, lease or grant in
accordance with the terms in that
behalf therein contained ceased
whether before or after the
commencement of the Act, to be
entitled to occupy or hold such
land in Shamlat Deh; or (c) where
any person authorized to occupy any
land in Shamlal Deh, has whether
before or after the commencement of
the Act:
(i) Sublet, in contravention of the
terms of allotment, lease or grant
without the permission of the
Panchyat or of any other authority
competent to permit such sub-
letting, the whole or any part of
such land in Shamlal Deh; or
(ii) Otherwise acted in
contravention of any of the terms
express or implead under which he
is authorized to occupy such land
in Shamlal Deh.
Explanation:
-----------
For purposes of clause (a) a person
shall not merely, by reason of the
fact that he has paid any rent, be
deemed to have entered into
possession as allottee, lessee or
grantee."
Rule 20 specifies the procedure as
under:
"20. Issue of Notice to show cause
against order of eviction.
(Sections 7 and 15(2)(k)-(1). If
the Assistant Collector of the Ist
grade is of opinion that any person
are in unauthorised occupation of
or claim interest in the land in
Shamlal deh situated within his
jurisdiction and that they should
be evicted, he shall issued in the
manner hereinafter provided a
notice in writing calling upon all
the persons concerned to show cause
why an order of eviction should not
be made.
(2) The notice shall-
(a) specify the grounds on which
the order of eviction is proposed
to be made; and
(b) require all persons concerned,
that is to say all persons who are
or may be, in occupation of or
claim interest in Shamlal deh, to
show cause, if any, against the
proposed order notice being a date
not earlier than ten days from the
date of issue thereof.
(3) The Assistant Collector shall
cause the notice to be affixed
outside the panchayat ghar or any
other building used as office by
the Panchayat and at some
conspicuous places of the estate in
which the land in Shamlal Deh is
situated, whereupon the notice
shall be deemed to have been duly
given to all persons concerned.
(4) where the Assistant Collector
knows or has reasons to believe
that any persons are in occupation
of the land in Shamlal deh, then
without prejudice to the provisions
of sub-rule (3) he may cause a copy
of the notice to be served on
every such person by post, or by
delivering or tendering it to that
person."
Sections 7 and 13-B read as under:
"7. (1) An Assistant Collector of
the first grade having jurisdiction
in the village may, either suo motu
or on an application made to him
by the Panchayat or an inhabitant
of Village or the Block Development
and Panchayat Officer or Social
Education and Panchayat Officer by
the Block Development and Panchayat
Officer, after making such summary
enquiry as he may deem fit and in
accordance with such procedure as
may be prescribed, eject any person
who is in wrongful or unauthorised
possession of the land or other
immovable property in the Shamlal
Deh of that village which vests or
is deemed to have been vested in
the Panchayat under this Act and
put the Panchayat in possession
thereof and for so doing the
Assistant Collector of the first
grade may exercise the powers of a
revenue Court in relation to the
execution of a decree for
possession of land under the Punjab
Tenancy Act, 1887.
(2) The Assistant Collector of the
first grade may, by an order, in
writing, require any person to pay
a penalty, in respect of the land
or other immovable property which
was or has been in his wrongful or
unauthorised possession, at a rate
not less than six hundred rupees
and not more than two thousand and
five hundred rupees per hectare per
annum, having regard to the benefit
which could be derived from the
land or other immovable property.
If the penalty is not paid within
the period of thirty days from the
date of the order, the same shall
be recoverable as arrears of land
revenue.
(3) If any person refused or fails
to comply with the order of
eviction passed under sub-section
(1) within ten days of the date of
such order, the Assistant Collector
of the first grade may use such
force, including police force, as
may be necessary for putting the
panchayat in possession.
(4) Any person aggrieved by an
order of the Assistant Collector of
the first grade may within a period
of thirty days from the date of the
order, prefer an appeal to the
Collector, in such form and manner,
as may be prescribed."
"13-B. All suits pending in any
Civil Court in respect of any land
or other immovable property wherein
relief has been claimed on the
ground of its being excluded from
Shamlal Deh under clause (g) of
Section 2 or on any of the grounds
mentioned in sub-section (3) of
Section 4 against the Panchayat,
shall stand transferred to and the
fresh proceedings for seeking
relief on the aforesaid grounds
shall be instituted before the
Assistant Collector of the first
grade having jurisdiction in the
village wherein the land or other
immovable property is suitable who
shall dispose of the same in the
manner laid down in sub-sections
(5) and (7) of Section 13-A."
A conjoint reading of these provisions would clearly indicate that the conspectus of the operation of the Act was intended to have unauthorised occupants ejected by specified officer who has been invested with power and jurisdiction to evict unauthorised occupants from the possession of the lands vested in the Gram Panchayat. The contention, therefore, that the Government is devoid of power to make Rule 19 is without force. The further contention of Shri Juneja is that contrary to the specifications mentioned in Rule 20, the appellant was called upon to give the grounds for his not being ejected which is in derogation of the language in which Rule 20 is couched. Though prima facie the contention is attractive, on the facts we do not find any substance in the contention. On his own admission that the appellants are in unauthorised occupation after the expiry of the lease, they are liable to be ejected unless they show any other legal right for their continuance in possession. Under these circumstance, we do not think that there is any substance in the appeal.
The appeal is accordingly dismissed. No costs.