RAMESH Vs. COMMISSIONER AMBALA DIVISION

JUDGEMENT

(1.) THE petitioner has challenged the order of the Collector, Naraingarh dated August 14, 1992 ordering his eviction from the disputed land and directing him to pay to Gram Panchayat, Ambli arrears of mesne profits amounting to Rs. 1,40,000/- and the appellate order dated November 24, 1992, passed by the Commissioner, Ambala Division, Ambala, dismissing his appeals, in this petition under Articles 226/227 of the Constitution of India.

(2.) TWO applications under Sections 5 and 7 of the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (for short, the Act) were filed by Gram Panchayat, Ambli and the State of Haryana, through the Medical Officer, Health Centre, Ambli, Tehsil Naraingarh, against the petitioner. It was pleaded therein that the disputed land was reserved for the income of the Gram Panchayat during consolidation. The Gram Panchayat gifted the land to the State of Haryana for the construction of Health Centre on it and Mutation No. 1883 dated May 21, 1986 was sanctioned in favour of the State. The petitioner had taken the disputed land on lease from the Gram Panchayat in the year 1986-87 on payment of Rs. 1650/- as lease money per annum. The petitioner did not surrender possession on the expiry of the lease and also did not pay the arrears of rent necessitating the initiation of proceedings under Section 7 (1) (2) of the Punjab Village Common Lands (Regulations) Act, 1961, against him. The application was rejected by the Assistant Collector I Grade, Naraingarh, vide order dated April 16, 1991, on the ground that the Gram Panchayat was not the owner of the disputed land as it had gifted the same to the State of Haryana. After the rejection of that application, proceedings under the Act were initiated by the Gram Panchayat and also by the State of Haryana against the petitioner. The petitioner resisted the applications on the ground that the disputed land did not vest in the Gram Panchayat and that it had no locus standi to transfer the same to the State of Haryana and that they had already filed a suit against the State of Haryana in the civil Court not to dispossess them forcibly. The Collector, on appreciation of the evidence, came to the conclusion that the petitioner had taken the disputed land on lease from the Gram Panchayat in the year 1984-85 for a sum of Rs. 3400/- and had been continuing in illegal possession thereof after the determination of the lease. It was further found that the land was reserved for the income of the Gram Panchayat under Section 23-A of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 read with Rule 16 (2) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules and it remained under the management and control of the Gram Panchayat. The Gram Panchayat had been leasing out the land in public auction. He accordingly ordered eviction of the petitioner from the disputed land on the ground that he was in illegal possession of the same for the last more than seven years and also passed an order for payment of Rs. 1,40,000/- as arrears of lease money. The order of the Collector was affirmed in appeal by the Commissioner, Ambala Division, Ambala, vide order dated November 24, 1992.

(3.) LEARNED counsel for the petitioner made the following two submissions :-