BALWANT RAI Vs. ZILA PARISHAD

JUDGEMENT

(1.) THIS judgment shall dispose of six Letters Patent Appeals directed against the common judgment dated 13.08.2008 passed by learned Single Judge of this Court setting aside the order of the Commissioner - respondent No. 2 and restoring the order of the Collector - respondent No. 3, ordering ejectment of the appellants, who were having kiosks (Khokhas) (later converted into shops) on the land in dispute.

(2.) THIS is second round of litigation thwarting the efforts of the respondent Zila Parishad (herein referred as 'respondent') for ousting their licensees appellants (herein referred as 'appellants') from the unauthorised occupation over the land under the respondent. The prime question involved in the instant appeals is whether the licensees even after the expiry of their licenses could stay in the premises against the wishes of the licensor.

(3.) THE respondent is a statutory body constituted under the Punjab Samitis and Zila Parishad Act, 1961 (herein referred as Zila Parishad Act). In or around 1950, the respondent had given wooden kiosks to some persons, who had migrated from Pakistan on license. After the expiry of the license period, the respondent had moved for ejectment of the licensees under the Punjab Public Premises (Eviction and Rent Recovery) Act, 1959 (herein referred as Punjab Public Premises Act). The matter went upto the Supreme Court. However, during pendency of the SLP in the Supreme Court, an agreement had arrived at between the parties i.e, the Zila Parishad and the appellants/licensees to the effect that the Zila Parishad will remove the kiosks and build the 'Pucca' shops and the same would be given to the occupants as licensees. It has further been agreed that license fee would be determined by the agreement and the area of the shops would also be determined according to the needs and area of kiosks, occupied by the licensees. The agreement was complied with by the parties and the appellant agreed to occupy the shop as licensee for five years at the license fee as fixed by the agreement and accordingly, he was put in possession in Shop No. 52, Guru Teg Bahadur Market, Ludhiana (herein referred as the 'disputed premises'). As per Clause 11 of the agreement, the license fee was to be increased to the extent of 3% in every five years. Pursuant to the aforesaid agreement executed in the year 1976, the license continued upto 16.6.1981 and on renewal upto the year 1986. In the meanwhile, Punjab Panchayat Samitis and Zila Parishad (Sale, lease and other alienations of property and public places) Rules, 1964 (herein referred as the 'Rules of 1964') were amended in the year 1984. The amended Rules provided for enhancement of the lease money by 10% of the existing lease amount, per year. Herein, it was also provided that in case, the licensee does not agree to such increase, then the property shall be leased out by auction. In nutshell, according to the amended Rules, 1964 the property or any public place belonging to the respondent or Panchayat Samiti could be given on lease only by way of auction after giving due publicity and further with the occupant, who wanted to continue as lessee and could get the lease deed renewed three months prior to the expiry after enhancing the lease money by 10% per annum. According to Rule 3(b)(ii), the respondent approached the appellant and other similarly situated licensees for enhancement of the license fee/lease money by 10%, but they resisted and did not agree to renew the license after the year 1986. they also did not vacate the shops after expiry of the lease period.