PRITAM SINGH Vs. MUNICIPAL COMMITTEE

JUDGEMENT

(1.) THESE two petitions, viz. Civil Writ Petition Nos. 1677 and 1678 of 1987 raise a common question regarding the validity of the orders of eviction of the respective petitioners under the Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972 (hereinafter referred to as 'the Act'). These can, therefore, be disposed of by one order. Learned counsel for the parties have referred to the facts as averred in C.W.P. No. 1677 of 1987. These may be briefly noticed.

(2.) THE Municipal Committee, Rania moved an application under Sections 5 and 7 of the Act before the Sub Divisional Officer (Civil), Sirsa for the petitioner's eviction from the land in his possession and for recovery of damages for use and occupation. This application was allowed vide order dated September 26, 1983. The petitioner filed an appeal which was dismissed vide order dated January 29, 1987. Copies of these two orders have been placed on record as Annexures P.1 and P.2 respectively. The petitioner impugns these orders primarily on the ground that the learned authorities had erred in treating the Municipal Committee, Rania (Respondent No. 1) as the owner of the land in dispute. It has been averred that 660 shares out of 793 vested in the Central Government while the remaining 133 shares vested in the Gram Panchayat, Rania. Mutations in this behalf were duly sanctioned. On this basis, it is maintained that the finding recorded by the authorities under the Act cannot be sustained. It is also claimed that the petitioner is in cultivating possession of the land as a "tenant gair mumkin" on payment of annual rent at the rate of Rs. 80/- per acre under the Central Government and cannot thus be said to be in unlawful occupation of the land. On these premises, the petitioner prays for the quashing of the orders passed under the Act.

(3.) DURING the pendency of the writ petition, the respondent-committee filed a Civil Misc. Application No. 6802 of 1994 for permission to file an additional affidavit so as to bring the complete facts on record. This application was allowed and the additional affidavit filed by Mr. Om Parkash Sharma, the Administrator of the Municipal Committee was directed to be placed on record. In this affidavit, it has been inter alia pointed out that the petitioner had filed a suit for permanent injunction restraining the respondent-Committee from interfering in the cultivating possession of the petitioner in respect of land measuring 82 kanla 6 marlas. The petitioner has averred that the suit land was exclusively owned by the Gram Panchayat and was let out to him in Kharif 1975. In the meantime, Custodian had become owner of 660/793 share out of the suit land and the Gram Panchayat was left with only 133/793 share. The share of the Gram Panchayat alone was transferred in favour of the Municipal Committee vide mutation dated April 3, 1979. A copy of the plaint dated May 16, 1979, as amended on October 30, 1979, has been produced as Annexure R/A-1 with the affidavit. According to the respondent the suit was dismissed in default by the learned Trial Court on February 2, 1984. On this basis, it is claimed that the petitioner is estopped from contending that the committee was the owner of the land in dispute or that he had not accepted the lease of the land for one year from the Gram Panchayat. It has been further averred that land measuring 16 kanal 8 marlas was auctioned in favour of one Pritam Singh son of Ram Dhan, belonging to the Harijan community for a period of one year from April 15, 1977 to April 15, 1978. Another piece of land measuring 35 kanal 18 marlas was auctioned in favour of the petitioner for a period of one year from April 15, 1977 to April 15, 1978 at the rate of Rs. 1375/- per acre. By producing the relevant record, it has been pointed out that an excess amount of Rs. 670/- deposited by the petitioner on account of lease money in respect of land measuring 35 kanal 18 marlas was adjusted towards the amount due from Pritam Singh son of Ram Dhan (Harijan). The respondent also points out that while only an area of 35 kanal 18 marlas had been auctioned and taken on lease by the petitioner, he had illegally occupied the land measuring 46 kanal 8 marlas auctioned in favour of Pritam Singh son of Ram Dhan, who belonged to the Harijan community. In order to clarify the position with regard to the ownership, it has been mentioned that by notification dated March 21, 1974, "whole of village Rania which was having a Gram Panchayat, was constituted into a Notified Area Committee under the Haryana Municipal Act, 1973." A copy of this notification has been produced as Annexure R/A-5. On the constitution of the Notified Area Committee, the Shamlat Deh land which had earlier vested in the Gram Panchayat came to vest in the Notified Area Committee. Some litigation ensued between the Panchayat and the Committee. On October 10, 1978, the Panchayat passed a resolution for handing over the immovable property to the Notified Area Committee. A copy of this resolution has been produced as Annexure R/A-6.