GURCHARAN SINGH Vs. COMMISSIONER

JUDGEMENT

(1.) THIS is revision petition under the East Punjab Utilization of Lands Act, 1949 against the order of the Commissioner, Ferozepur Division, dated 30.6.1999 and the order of the District Collector- cum-Deputy Commissioner, Ferozepur dated 16.7.1998.

(2.) THE facts of the case are that the respondents applied to SDM-cum- Collector, Zira for restoration/delivery of possession of land measuring 203K-0M situated in Pandori Khattarian as entered in the Jamabandi for the year 1988-89 stating that this land had been given by the Government to Gurcharan Singh, Santa Singh and Gurdial Singh vide DDR Nos. 86, 87 and 88 dated 4.11.1963 on lease for 20 years under the East Punjab Utilization of Lands Act, 1949. The applicants being co-owners of this land became entitled to take its possession on the expiry of the lease period. Although they had made a request to the respondents to deliver the possession, they refused to do so. Hence they filed an application before the SDM-cum-Collector, Zira. When notices were served on the respondents mentioned in the said application, the present petitioners furnished replies taking the plea that as per Government policy they had become owners of the land in dispute. They also objected to certain LRs of the original owners not being made party to the proceedings and also stated that they had spent Rs. 10,000/- per acre on the improvement of this land. The SDO(C), Zira decided to refer the matter to the Deputy Commissioner-cum-District Collector for supply of a copy of the order delegating him the powers under the said Act. It was held that in the absence of delegation of power by the District Collector, formal orders regarding delivery of possession to the owners by specifying their names was to be passed by the District Collector, Ferozepur. On 16.7.1998, through a detailed order the District Collector found the contention of the lessees that they have become owners on account of their long standing possession, without any merit and ordered their eviction from the land in dispute and further ordered that warrant for transfer of possession be issued as per entries in the Jamabandi for the year 1988-89. Aggrieved by this order, the present petitioners Gurcharan Singh etc. filed an appeal before the Commissioner, Ferozepur which was dismissed on 30.6.1999. Hence the present petition by Gurcharan Singh, Pala Singh and Nachhatar Singh.

(3.) I have beard the counsel for the parties and have gone through the record. The counsel for the petitioners only half-heartedly reiterated the grounds of revision. On the other hand, on behalf of the respondents, it was argued that under Section 7 of the East Punjab Utilisation of Lands Act, 1949, it is Collector's obligation to return the land to the landowners or to be responsible for payment of damages as there is no direct adversary relationship between the landowners and the lessees. Herein, the land was taken over from the owners by the Collector and it is his duty to return the same. The application by the landowners for delivery of possession on expiry of the period of lease is in the nature of a reminder to the Collector and the landowner is not obliged to produce and prove the record for the said purpose. It was also argued that even if regular lease deed between lessee and Collector is not available on the file, the Collector is obliged to return the land to the landowners and he has full jurisdiction to pass an order to that effect. The provisions of Punjab Tenancy Act, 1887 do not apply as the land has been taken over by the Collector and there is no direct relationship between the owners and the so called 'tenants'.