Remanded

Ved Parkash v. Financial Commissioner,Haryana Chd & Ors.

Punjab & Haryana HC21 May 2014CWP/13840/1991

Case brief

AI extract

What is this about?

This bench set aside the impugned order and remanded the matter for afresh disposal, directing Assistant Collectors to pragmatically consider tenancy rent payment as a ground to avoid ejectment consequences.

What did the court decide?

The impugned order set aside and matter remanded for disposal as per directions; tenants paying directed rent without proof deemed to have escaped ejectment consequences.

Ved Parkash Vs Financial Commissioner,Haryana Chd… — Land Acquisition | Punjab & Haryana HC (2014)

¶1

-1-

¶2

CWP No.13840 of 1991

¶3

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

¶4

CWP No.13840 of 1991 Date of Decision. 21.05.2014

Ved Parkash

......Petitioner

Versus

The Financial Commissioner, Haryana and others

¶9

......Respondent

¶10

C.W.P. Nos.13841 and 13846 of 1991

¶11

Present: Mr. Ashish Gupta, Advocate for the petitioner.

¶12

Mr. Rajiv Prashad, DAG, Haryana.

¶13

CORAM:HON'BLE MR. JUSTICE K. KANNAN

¶14

Whether Reporters of local papers may be allowed to see the judgment ?

¶15

To be referred to the Reporters or not ?

¶16

Whether the judgment should be reported in the Digest?

¶17

-.-

¶18

K. KANNAN J.(ORAL)

¶19

The matter relates to a batch of cases which have been decided by this Court in C.W.P. No.10398 of 1991 and other cases on 19.01.2012 and C.W.P. No.13855 of 1991 decided on 13.05.2014. The impugned order is set aside and remitted to the Assistant Collector for disposal of the case afresh in the light of directions already given on 19.01.2012. Even while remitting the matter, I am conscious of the fact of the difficulty of proof of payment of rent for agricultural lands for the year complained of as the periods when the tenant had been in default. The difficulty of proof could be supplanted by a pragmatic approach of calling upon the tenants to pay the rent if there was no documentary proof of such payment and also provide for a specific period before

¶20

when such rent shall be paid. Such of those tenants, who pay such rent Kamboj Pankaj Kumar 2014.05.26 12:39 I attest to the accuracy and integrity of this document Chandigarh

¶21

CWP No.13840 of 1991

¶22

-2-

¶23

as directed even without entering a contest irrespective of whether their contention had been that they had paid the rent or not shall itself be taken as sufficient to escape the consequences of ejectment. I say so in view of the law laid down by division bench of this Court in Ajmer Singh and others Vs. Financial Commissioner, Haryana and others 2007(1) LAR 533. This direction shall be taken as additional direction already given in the cases referred to above.

¶24

The impugned order is set aside and the matter is remanded

¶25

for disposal as per the directions referred to above.

¶26

(K. KANNAN) JUDGE

¶27

May 21, 2014 Pankaj*

¶28

Kamboj Pankaj Kumar 2014.05.26 12:39 I attest to the accuracy and integrity of this document Chandigarh

Ved Parkash v. Financial Commissioner,Haryana Chd & Ors.

Case brief

What is this about?

What did the court decide?

Ved Parkash v. Financial Commissioner,Haryana Chd & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Balwant Singh and Ors. Vs F.C (Revenue) Pb. and Anr.

Jasbir Kaur Kosal Vs Gurnanak Khalsa College Daroli Kalan and Others

National Insurance Company Ltd. Vs Gurdial Chand & Anr.

Megh Raj (through Lrs.) Vs State of Hy.

Mathra Devi (Died) through Lr'S Atam Parkash & Ors. Vs State of Hry. & Ors.

Narain Dass Vs Custodian General Hry.Etc.