GHANTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The only grievance of the petitioner is against the imposition of penalty of Rs. 2500/- by the Assistant Collector by his order dated October 24, 1975 which was affirmed by the Collector on appeal.

(2.) The counsel for the parties agree that the penalty could only be imposed prospectively and not retrospectively as sub-section (2) of Section 7 of the Punjab Village Common Lands (Regulations) Act, 1961 was amended by the Haryana Act No. 34 of 1974 and it was enforced on 12th November, 1974 and the impugned order was passed on November 8, 1974 by the Assistant Collector. Thus, I am of the view that the amendment made subsequently cannot have retrospective effect. The impugned orders are, therefore, quashed and the petition is allowed but there will be no order as to costs.