Allowed

Manjit Singh v. Muncipal Council. Payal

Punjab & Haryana HC11 Jul 2011CWP/16094/2009

Case brief

AI extract

What is this about?

This writ petition challenged a recovery order passed by the Municipal Council under the Public Premises Act. The Court held that the contract for lifting dead animals did not constitute 'rent' as defined, rendering the recovery proceedings incompetent. The petition was allowed, and the impugned order was quashed.

What did the court decide?

The impugned recovery order passed under the Public Premises Act was quashed, and the appeal proceedings were also quashed.

Manjit Singh Vs Muncipal Council… — Public Procurement and Tenders | Punjab & Haryana HC (2011)

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C.W.P. No.16094 of 2009

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P. No.16094 of 2009

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Date of Decision.11.07.2011

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Sh. Manjit Singh son of Ram Krishan r/o village Aluna Palah, Tehsil Payal, District Ludhiana

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.....Petitioner

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Versus

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Municipal Council, Payal through Executive Officer, Municipal Council, Payal, District Ludhiana

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.....Respondent

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Present: Mr. D.S. Gurna, Advocate for the petitioner.

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Mr. G.S. Attariwala, Advocate for the respondent.

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CORAM:HON'BLE MR. JUSTICE K. KANNAN

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Whether Reporters of local papers may be allowed to see the judgment ? No

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To be referred to the Reporters or not ? Yes

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Whether the judgment should be reported in the Digest? Yes

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-.-

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K. KANNAN J.(ORAL)

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The subject of challenge in the writ petition is an action taken under the Public Premises Act for alleged rentals payable by the petitioner under the contract. The jurisdiction to initiate action is the subject of challenge before this Court.

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The contract under which the petitioner bound himself to make the payment of Rs.1,25,500/- was an agreement entered on 27.03.1998 for lifting dead animals from within the limits of Municipal Council, Payal. The contract period was of one year. It appears that the petitioner had experienced some difficulties and issued a notice on 15.05.1998 stating that he was not willing to go through the contract.

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I am not prepared to go into the question of whether such a

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C.W.P. No.16094 of 2009

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unilateral decision would be possible or whether there was a justification for the same but I hasten to decide on the competence of Municipal Council for passing an order for recovery under the Public Premises Act. The recovery, which is contemplated under the Public Premises Act is for rent for the public premises and the definition given under Section 2(g) is as follows:-

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“2(g) “rent” in relation to any public premises, means the consideration payable periodically for the authorized occupation of the premises and includes:-

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(i) any charge for electricity, water or any other services in connection with the occupation of the premises,

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(ii) any tax (by whatever name called) payable in respect of the premises, where such charge or tax is payable by the State Government or the corporate authority.”

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The amount payable does not amount to rent payable for the use of any premises. The action taken under the Public Premises Act is, therefore, incompetent and without jurisdiction. The impugned order is quashed and the appeal proceedings, which are subject of impugned order, are also quashed.

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The writ petition is allowed. The State shall be at liberty to proceed independently under any other law, if so advised and the petitioner shall also be at liberty to take any defence to protect himself against any recovery.

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(K. KANNAN) JUDGE

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July 11, 2011 Pankaj*

Manjit Singh v. Muncipal Council. Payal

Case brief

What is this about?

What did the court decide?

Manjit Singh v. Muncipal Council. Payal

Case brief

What is this about?

What did the court decide?

What the court decided

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