RANJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present writ petition was filed challenging the order dated 25.8.2000 (Annexure P-7) passed by the Assistant Collector First Grade, Yamuna Nagar whereby while directing the eviction of the petitioner under Section 7(2) of the Punab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as "the Act"), imposed a penalty of Rs.10,000"- per hectare per year upon him from the year 1993. The petitioner has also challenged the order dated 22.7.2003 (Annexure P-8), passed by the Collector Yamuna Nagar declining to entertain the appeal, in view of the default of the petitioner in depositing the penalty in view of Section 13B of the Act. The challenge is to the provisions of Section 13 of the Punjab Village Common Lands (Regulations) Act, 1961 (for short "the Act").

(2.) Initially, the Division Bench hearing the writ petition referred the matter to a Full Bench in view of conflict of opinion by two Division Benches of this Court. In CWP No.15930 of 2008, Satbir Singh and another v. The Collector, Jhajjar and others, decided on 8.9.2008, it was held that the provision of pre-deposit of entire penalty is a mandatory provision. In CWP No. 13468 of 2007, Sehaj Ram v. The Collector, 1amnuna Nagar, decided on 28.8.2007, another Division Bench held that the pre-deposit is not a mandatory provision. When the matter came up for hearing he fore the Full Bench, the Additional Advocate General, Haryana placed reliance on a Full Bench judgment of this Court rendered in CWP No.5877 of 1992, Jai Singh and others v. State of Haryana and others, decided on 13.3.2003. In the said decision, the view taken in Satbir Singh and another's case , was endorsed in the following terms :

(3.) Before proceeding further, it would be apposite to have a brief overview of the Act. The Act has been promulgated to consolidate and 'amend the law regulating the rights in shamilat deh and abadi deh. Section contains definitions, while Section 3 details the land to which the Act applies. Section 4 is the vesting Section whereby shamilat deh vests in the Panchayats and non-proprietors (in some cases). Section 5 regulates use and occupation etc of lands vested or deemed to have been vested in panchayats. Section 5A permits disposal of such lands in certain circumstances while Section 5B voids transfers of Panchayat land which may have been made in contravention of the prescribed terms and conditions. Section 6 provides for appeal against any action or decision taken by the Panchayat under Section 5 of the Act. Section 7 deals with eviction of unauthorized occupants and is necessary to be quoted herein below for proper appreciation of the issue involved :