VIJAY MAHAJAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This bunch of three writ petitions raises common questions of law and fact and these are being disposed of together.

(2.) Challenge in this writ petition is to the order dated 31-1-2001 passed by Shri N. K. Arora, the then Principal Secretary to Government of punjab, Department of Local Government removing the petitioner from the office of President, Nagar Council, Dina Nagar (for short the Council) as well as from its membership and further debarring him from contesting municipal elections for a period of two years. Earlier also the same officer by his order dated 14-12-1999 had removed the petitioner from the office of the President of the Council on the same set of charges said to have been proved against him though he was allowed to continue to function as a member of the Council. The order now impugned has been passed in exercise of the powers under s. 16(1)(e), 16 (2) and 22 of the Punjab Municipal Act, 1911 (as amended up to date and hereinafter called the Act). The previous order dated 14-12-1999 had been successfully challenged by the petitioner in CWP 17960 of 1999 which was allowed on 23-5-2000 with liberty to the State Government to pass a fresh order in accordance with law.

(3.) Facts giving rise to this petition may first be noticed. An area measuring 31 acres of shamilat land was transferred to the Council by the State Government on 30-4-1976 through the Department of Revenue. This land had been illegally encroached upon by about 294 families. The issue of encroachment came up for consideration of the Council and it was decided by Resolution No. 411 dated 30-7-1981 that shamilat land should not be sold and instead the same be let out on rent as that would provide a yearly income for the Council. This resolution was not accepted by the Deputy Commissioner who suspended the same in exercise of his powers under S. 232 of the Act. The matter was again considered by the Council and it was resolved on 20-11-1981 that the land in question be got vacated from the unauthorised occupants and the same be allotted to the needy persons by inviting applications from all concerned. In order to sort out the problem pertaining to unauthorised occupation of municipal land the State Government instituted an enquiry and Shri B. D. Dhawan the then Joint Director, Local Government was asked to submit a report. Shri Dhawan associated with him the then Regional Deputy Director, Local Government, Amritsar and some others and submitted a report that almost the entire area of 31 acres was under illegal occupation of different persons. On a consideration of this report, the State Government took note of the fact that most of the persons illegally occupying the land were from the weaker sections of the society like the scheduled castes and others and, therefore, decided that the land be sold by the Council to the various occupants at the rates specified by the State Government. This decision of the State Government was communicated to the Council as per memo dated 25-6-1984. In this letter, the State Government mentioned that there were 294 illegal occupants of the land though there was no certified list either on the record of the State Government or that of the Council and that there is nothing on the record from which it could be ascertained as to who were the persons who occupied 31 acres of land and to what extent. The matter regarding allotment of land to the unauthorised occupants could not be finalised for almost ten years presumably because the Municipal Committees in the State had been disbanded during the President's rule in the State of Punjab. The Council then took up the matter in the year 1994 and by its Resolution No. 25 dated 18-3-1994 decided that the rates which were approved by the State Government in the year 1984 were extremely low and that the unauthorised occupants of the land be allotted the land in their possession at the revised rates specified in its resolution. It may be mentioned that the Council revised the rates of the land as under :- Property for residential use :- 1. 1 to 5 Marlas Rs. 400/- per Marla and in case the area is less than 1 Marla the rate would be Rs. 400.00 per marla only. 2. 6 to 10 Marlas Rs. 800/- per marla. 3. Above 10 Marlas Rs. 4000/- per marla. Commercial land At the rate of Rs. 7000.00 per marla applicable to all. A copy of the resolution was sent to the State Government for its approval which was accorded. A copy of the approval is Annexure P-13 with the writ petition.