JAGTAR SINGH Vs. COMMISSIONER, JALANDHAR DIVISION, JALANDHAR

JUDGEMENT

(1.) THESE two connected revision petitions under Section 15 of the Punjab Package Deal Properties (Disposal) Act, 1976, are directed against the order dated 28.11.2001 of the Commissioner, Jalandhar Division. As the issues in both cases are the same these revision petitions are being disposed of by this single order a copy of which be placed on each file.

(2.) THE impugned order of the Commissioner, Jalandhar Division, Jalandhar contains detailed facts of the case which need not be repeated.

(3.) THE counsel further contended that the Commissioner has committed grave illegality in treating the case under Punjab Package Deal Properties (Disposal) Act, 1976. The disputed land was purchased by Puran Singh on 21.1.1976 whereas the Act received the assent of President of India on 9th April, 1976. Therefore, auction was conducted under Displaced Persons (C&R) Act, 1954 and rules made thereunder. Rule 87 deals with public auction. Rule 90(14) is relevant in the present case which states that "if auction purchaser does not deposit the balance of the purchase money within the period specified in sub-rule (11)...the initial deposit made by he auction purchaser in sub- rule (8) shall be liable to forfeiture and he shall not have any claim to the property." The counsel urged that as the petitioners are the bonafide purchasers, the revision petition be accepted, the order of Commissioner, Jalandhar Division be set aside and order of Chief Sales Commissioner, Kapurthala dated 24.5.2000 be restored.