Pala Ram v. State of Haryana and Ors.
Case brief
What is this about?
Petitioner assailed constitutional validity of Punjab Village Common Lands Act provisions via public interest petition. Court rejected challenge due to lack of legislative competence or fundamental right violation grounds. Instead, court extended limitation for appeal under Section 13-B to treat appeal as filed timely.
What did the court decide?
Petitioner directed to file appeal under Section 13-B within 30 days; appellate authority to entertain and dispose of appeal as if filed within time limit.
What the court decided
**HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. *****
CWP No. 1021 of 2008 Date of Decision: 13.01.2009. ***
Pala Ram Versus State of Haryana and others. ***
CORAM: Hon'ble Mr. Justice T.S.Thakur, CJ and Hon'ble Mr. Justice Hemant Gupta. ***
Present: Shri Sandeep Sharma, Advocate, for the petitioner.
M/S Sanjeev Gupta and Rajneesh Gupta, Advocates, for respondents No. 5 to 7.
Shri Randhir Singh, Sr. D.A.G.Haryana.
Shri Anil Sihag, Advocate, for respondent No.8.
T.S.Thakur, CJ (Oral)
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.
Issues for consideration
2 issues framed by the court
Whether the challenge to constitutional validity of sections of Punjab Village Common Lands Act can be maintained in public interest without specific grounds.
Whether order under Section 7 of Act suffers illegality warranting interference despite availability of appeal and revision.
Parties & counsel
- petitioner
Pala Ram
- respondent
State of Haryana
Coram
T.S. Thakur
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · January
- Registered
- Case no.
- CWP/1021/2008
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