GURMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Panchayat Samiti, Pathankot owns various properties in Pathankot. Certain shops were authorised by it and were given to the petitioners after completing all the formalities. By virtue of the the present petition, the petitioners seek quashing of Rule 3(b)(ii) of the Punjab Panchayat Samitis and Zila Parishads (Sale, lease and other alterations of Property and Public Places) Rules, 1984 and for a direction to the respondents not to increase the rent of the shops.

(2.) PETITIONERS assert that lease deed had been executed between each of the petitioners separately and respondent No. 2, Panchayat Samiti vide Notification dated 21.4.1984, the Punjab Panchayat Samitis and Zila Parishads (Sale, Lease and other Alternations of Property and Public Places) Rules were amended. It permitted enhancement of lease money by 10% amount of existing lease per year. The sub-rule is claimed to be discriminatory and arbitrary leading that permitting increase of rent by 10% unilaterally is illegal and imposes unreasonable restrictions on the fundamental rights of the petitioners to carry on business and trade. Otherwise also the petitioners allege that they are tenants and, therefore, provisions of East Punjab Urban Rent Restriction Act would be applicable. The rent cannot be increased except under the provisions of the Act.

(3.) THE Punjab Samitis and Zila Parishads Act, 1961 had been enacted to provide for constitution of the Samitis concerning matters connected thereto. The statement of objects and reasons indicate that District Boards had outlived their utility and it is intended to reorganise local administration in rural areas. Though the Punjab Panchayat Samitis Zila Parishads Act is applicable to the State of Punjab, but under Section 4 of the said Act, the Panchayat Samiti shall have authority throughout the tehsil or block for which it is constituted. The proviso makes the position clear that it shall not have authority over any part of such tehsil or block included in a municipality or a Cantonment or a Notified Area. On the contrary, the East Punjab Urban Rent Restriction Act, 1949 extends to all urban areas in Punjab. The expression ''urban area'' has been defined in Section 2(j) of the East Punjab Urban Rent Restriction Act, 1949 which reads as under:-