RANJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) ON May 12, 1999 the Panchayat auctioned the Shamlat land. Different pieces of land were leased out to 34 persons. After the elections in March 2000 a complaint was made in which it was inter alia alleged that the land had been given "on less price". On receipt of this complaint the Assistant Collector Ist Grade, Karnal, issued show cause notice to all the lessees including the present petitioners. They were called upon to explain as to why the lease in their favour be not cancelled. The petitioners filed a reply to the show cause notice. A copy of the reply has been produced as Annexure P-3 with the writ petition. After consideration of the matter, the Assistant Collector vide his order dated May 22, 2000 found that the market rate of the land varied from Rs. 8,000/- per acre to Rs. 1,200/- per acre depending upon the kind of land. It was noticed that the land had been leased out at a lesser rate. The petitioners had offered to pay money as assessed by the authority. Thus, the Assistant Collector directed the lessees to deposit the extra amount within two weeks failing which the lease was liable to be cancelled.

(2.) THE Panchayat as well as the lessees were aggrieved by the order. The Panchayat filed an appeal to claim that the revised rate should be applicable to the entire term of the lease which was two years. The lessees claimed that the rate as fixed by the Assistant Collector was excessive. After consideration of the matter, the Collector vide his order dated August 24, 2000 accepted the appeal of the Gram Panchayat and held that the lessees were liable to pay at the revised rate for both the years. So far as the appeal filed by the lessees was concerned, it was found that the rate was not excessive. Thus, the appeal was dismissed. A copy of the order has been produced on the record as Annexure P-5. The petitioners pray that the orders dated May 22, 2000 and August 24, 2000 passed by the Assistant Collector and the Collector respectively be quashed.

(3.) A perusal of the order passed by the Assistant Collector shows that the petitioners had voluntarily agreed to the enhancement of the rate. Still further, nothing has been produced on the record to show that the rate of lease as assessed by the Assistant Collector was in any way arbitrary or excessive. Admittedly, the land measuring 396 Kanals 19 Marlas was given away at the rate of Rs. 4,600/- per acre per annum. Another piece of land measuring 864 Kanals was leased out for Rs. 2,35,775/-. The third category of land consisted of Johar which measured 30 Kanals 18 Marlas was leased out for a total sum of Rs. 7,000/-. Thus, the three qualities of land were leased out at the rate of Rs. 4,600/-, Rs. 2,179/- and Rs. 875/- per acre per annum. It was alleged that these rates were low. The lands were being leased out at much higher rates in the adjoining areas. On consideration of the matter, the petitioners had conceded before the Assistant Collector that they would be willing to pay at a higher rate. The representative of the Panchayat had stated that the market value was Rs. 8,000/- for Chahi land, Rs. 4,800/- for Charand and Rs. 1,200/- for Johar per acre per year. The petitioners had not in any way suggested that the rate as proposed was excessive. Thus, the Assistant Collector has desisted from cancelling the land and allowed the petitioners to pay at the higher rate. Since the auction had been held in the year 1999 and the land had been given by a composite lease for a period of two years, the revised rate was to be applicable to the entire period of lease. The Collector had, thus, rightly held that the lessees shall be liable to pay at the revised rates for the full year. We find no infirmity in the action taken by the authorities.