PALA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition purporting to have been filed in public interest assails, the constitutional validity of Sections 5 and 15(2)(f) of the Punjab Village Common Lands (Regulations) Act, 1961 and Rule 12 of the Punjab Village Common lands (Regulations) Rules, 1964. It also assails the correctness of an order dated 6.11.2007 passed by Collector Ist Grade, Assandh whereby he has dismissed the application filed by the Gram Panchayat Alawanla for removal of the alleged unauthorized occupation of respondents No. 5 and 6 from a parcel of land measuring 2 Kanals 16 Marlas situate in Khasra No. 44 Killa No. 15/1 of the said village.

(2.) WE have heard learned counsel for the parties at some length and perused the record. In so far as the constitutional validity of the provisions of Sections 5 and 15(2)(f) of the Punjab Village Common Lands (Regulations) Act, 1961 and Rule 12 of the Rules is concerned, we see no reason to entertain the challenge in a public interest petition. In our opinion, challenge to the constitutional validity of the provisions of the statute can be maintained only on the ground of lack of legislative competence or violation of any fundamental right vested in the petitioner. None of these two grounds are available to the petitioner in the present writ petition who does allege lack of legislative competence of the legislative that has enacted the statute nor does he claim to be maintaining this petition in his own right for violation of any fundamental right. The challenge to the validity of the provisions of Sections 5 and 15(2)(f) (supra) is, therefore, rejected.

(3.) COUNSEL appearing for the respondents are however agreeable to the disposal of this writ petition with a direction that in case the petitioner files an appeal within 30 days from today, the appellate authority shall consider and dispose of the same on merits as though the appeal had been filed within the period stipulated for the purpose. In the circumstances, therefore, we consider it unnecessary to examine the validity of the order under challenge. We direct that in case the petitioner files an appeal under Section 13-B of the Act, within a period of 30 days from today, the competent authority shall entertain and dispose of the same as though, the appeal had been filed within the period stipulated for the purpose. The appellate authority shall also endeavour to expedite the disposal of the appeal as far as possible within a period of six months from the date the appeal is presented. 4. The disposal of this writ petition shall not, however, be taken as expression of any opinion on our part on the merits of the challenge or the contentions urged by counsel for the parties in support of their respective cases. No costs. Petitiion disposed of.