Partly allowed

Iqbal Singh and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC9 May 2012CWP/1407/2008

Case brief

AI extract

What is this about?

The High Court held that the Director-cum-Joint Development Commissioner lacked jurisdiction to accept an appeal with a six-year delay condoned without reasons or hearing. The Court set aside the lower orders and remitted the case against the director to decide the appeal and condonation of delay within three months.

What did the court decide?

Impugned orders dated 22.06.2005 and 20.11.2005 set aside; matter remitted to Director to decide appeal and condonation of delay within three months.

Iqbal Singh and Ors. Vs State of Punjab and Ors. — Land Acquisition | Punjab & Haryana HC (2012)

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CWP No.1407 of 2008

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.1407 of 2008 Date of Decision:09.05.2012

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Iqbal Singh and others

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..... Petitioners

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Versus

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State of Punjab and others

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE RAKESH KUMAR JAIN

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Present : Mr.Kanwaljit Singh, Senior Advocate, with Mr.Puneet Kumar Bansal, Advocate, for the petitioners.

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Mr.N.D.S.Mann, Addl.A.G., Punjab, for respondents No.1 to 3.

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Mr.D.D.Sharma, Advocate for respondent No.4.

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RAJIVE BHALLA, J. (ORAL)

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The petitioners lay challenge to order dated 28.11.2007 (Annexure P-9), passed by the Director-cum-Joint Development Commissioner (IRD), Department of Rural Development and Panchayat, Punjab, respondent No.2, accepting the appeal filed by the Gram Panchayat.

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Counsel for the petitioners submits that dehors the merits of the controversy, the Director-cum-Joint Development Commissioner, respondent No.2, had no jurisdiction to accept the appeal filed by the Gram Panchayat, without assigning any reason for condoning six years' delay in filing the appeal. It is further argued that the Director-cum-

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CWP No.1407 of 2008

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Joint Development Commissioner, does not possess suo motu power or jurisdiction to waive the limitation of sixty days prescribed by Section 11(2) of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as the 'Act').

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Counsel for the Gram Panchayat-respondent No.4, submits that as the order passed by the Director Consolidation was null and void, it was challenged in proceedings under Section 11 of the Act. The Collector, dismissed the petition by holding that the Gram Panchayat is not owner on the basis of the order passed by the Director Consolidation. As the order passed by the Director Consolidation was a clearly nullity, the Director-cum-Joint Development Commissioner was well within his jurisdiction to condone delay and accept the appeal. It is further submitted that the power to condone the delay is inherent in every Tribunal but while considering an application for condonation of delay, a Tribunal, like a Court, is not required to take a pedantic view and reject the plea for condonation of delay particularly when the matter is meritorious.

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We have heard counsel for the parties, perused the impugned order and are satisfied that the Director-cum-Joint Development Commissioner, has condoned the delay, vide order dated 23.06.2005, without assigning any clear or cogent reason and without hearing the petitioners. As a consequence, we accept the appeal in part, set aside orders dated 22.06.2005 and 20.11.2005 and remit the matter to the Director-cum-Joint Development Commissioner (IRD),

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CWP No.1407 of 2008

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Department of Rural Development and Panchayat, Punjab, to decide the appeal and application for condonation of delay within three months.

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Parties are directed to appear before the Director-cum-Joint Development Commissioner (IRD), Department of Rural Development and Panchayat, Punjab, on 03.07.2012.

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[ RAJIVE BHALLA ] JUDGE

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09.05.2012 [ RAKESH KUMAR JAIN ] shamsher JUDGE

Iqbal Singh and Ors. v. State of Punjab and Ors.

Case brief

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Iqbal Singh and Ors. v. State of Punjab and Ors.

Case brief

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What did the court decide?

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