STATE OF PUNJAB Vs. ASHOK SINGH GARCHHA

JUDGEMENT

(1.) THIS order will dispose of LPA No. 90 and 91 of 2008, arising out of CWP No. 3732 of 1982 and 3570 of 1982 respectively, directed against the order dated 8.8.2007 whereby the learned single Judge allowed the aforesaid writ petitions and set aside the order of Chief Sales Commissioner- cum-Deputy Commissioner, Ludhiana, exercising revisional jurisdiction under Section 10 of the Punjab Package Deal Properties (Disposal) Act, 1976 (for short the 1976 Act), wherein the sale of land by auction in favour of the petitioners was set aside after 17 years.

(2.) FACTS in brief are that surplus rural evacuee land situated in Village Khera Bet, Tehsil and District Ludhiana which was lying unutilised for many years after the partition of the country was transferred by Central Government to the State of Punjab in 1961 at a fixed price under a transaction popularly known as "Package Deal". It is further noticed that instructions were framed under Article 162 of the Constitution of India, by the State of Punjab for disposal of package deal properties and were commonly known as Package Deal Rules, 1962. These 1962 instructions/Rules were replaced by a regular enactment known as Punjab Package Deal Properties (Disposal) Act, 1976 and rules were framed under Section 18 of the 1976 Act known as Punjab Package Deal Properties (Disposal) Rules, 1976 and rule 6 of the same provided procedure of sale by auction.

(3.) THE respondents after a lapse of 17 years of allotment initiated action for cancellation of the said sale by auction primarily on the ground that there was procedural lapse in the conduct of the auction as 15 days' notice had not been given prior to the conduct of the auction or the entries in the roznamcha have not been properly made or the records had not been properly maintained and thus the procedure provided under Rule 5(c) of the instructions/1962 Rules had been violated and therefore, the sale was vitiated by element of fraud and hence the revisional authority under Section 10 of the 1976 Act was competent to invoke its power and cancel the allotment/sale by auction. It has been further stated that the Government had appointed a Committee of legislators known as "Harchand Singh Committee" to inquire into the cases of grabbing of evacuee lands by high dignitaries and other influential public men. The said Committee had also inquired into the allegations against the respondents and had found that by exercising their influence they had managed to purchase evacuee land in their own names or in the names of other persons in violation of the rules. The report had been submitted by the Harchand Singh Committee in the year 1973. On the basis of that report the records relating to respondents were scrutinised and it was found that there were procedural defects in the conduct of the auction and thus violating the provisions of 1962 instructions/rules. However, no action on the same was taken till April, 1980. The record further bears out that vide order dated 30.6.1981 (Annexure P-4) the Chief Sales Commissioner (Deputy Commissioner, Ludhiana) set aside the sale of the land in question in favour of the respondents for the reason that proclamation for sale of land was defective and factum of auction was not mentioned in any record maintained by the Patwari concerned. This order dated 30.6.1981 (Annexure P-4) was under challenge before the learned single Judge.