- Court
- High Court of Punjab and Haryana
- Decided
- 25 November 2024
- Bench
- Harsimran Singh Sethi
- Case no.
- RSA 2169/1989
Judgment
RSA-2169-1989 (O&M) an2 connecte2 ca%e 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
(102) RSA-2169-1989 (O&M) Date of Deci%ion : No3e:be/ 25, 2024 Ra: C9an2 (2ecea%e2) t9/o4g9 LR% .. AAAe11ant% Ve/%4% Di%t/ict SoneAat Re2 C/o%% Society an2 anot9e/ .. Re%Aon2ent% (102-1) RSA-2391-1989 Mangat Ra: (2ecea%e2) t9/o4g9 LR% .. AAAe11ant% Ve/%4% Di%t/ict SoneAat Re2 C/o%% Society an2 anot9e/ .. Re%Aon2ent% CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. S.R. Hooda, Advocate, for the appellant(s) in RSA-2169-1989. Mr. Vikram Singh Punia, Advocate and Mr. Amit Siwach, Advocate, for the appellant(s) in RSA-2391-1989. Mr. Shrenik Jain, Advocate and Mr. A.P.S Nain, Advocate, for respondent No.1. Mr. Rajesh K. Sheoran, Advocate and Mr. Ojasvi Taak, Advocate, for respondent No.2 in both appeals. HARSIMRAN SINGH SETHI J. (ORAL)
¶1By this common order, two regular second appeals, the details of which have been given in the heading of the order, are being disposed of as both the appeals involves the same question of law on similar facts.
¶2In the present appeals, the appellants have challenged the judgment of the trial Court dated 31.03.1986 by which, their suit seeking RSA-2169-1989 (O&M) an2 connecte2 ca%e 2 mandatory injunction against the District Red Cross Society as well as the Municipal Committee, Sonepat wherein, the challenge raised to the vesting of the Shamlat Deh with the Municipal Committee, Sonepat after the Gram Panchayat in question was dissolved, was dismissed. Even the appeal filed by the appellant was dismissed by the lower Appellate Court on 26.07.1989. Hence, the present regular second appeals.
¶3The main challenge in the present appeals is that the land which was a Shamlat Deh and vested with the Gram Panchayat should go back to the proprietors instead of vesting with the Municipal Committee.
¶4Learned counsel for the appellants argues that the judgments of the Courts below are perverse as upon dissolution of the Gram Panchayat, the land could not have vested with the Municipal Committee without there being any compensation and as the appellants have not been given any compensation, the land should revert back to the proprietors instead of being vested with the Municipal Committee, Sonepat after the Gram Panchayat was dissolved.
¶5On being asked to point out the perversity in the judgments on the ground that the appellants were the proprietors of the land in question which ultimately vested with the Municipal Committee, learned counsel for the appellants has not been able to point out any evidence which has come on record to show that the appellants were owner of a particular land which ultimately vested with the Municipal Committee, Sonepat upon dissolution of the Gram Panchayat Garhi Brahmanan.
¶6In the absence of any such record/evidence brought on record being shown to this Court to prove the findings recorded by the Courts RSA-2169-1989 (O&M) an2 connecte2 ca%e 3 below as perverse, the argument that the appellants are the proprietors of the land in question, cannot be accepted. Rather, it has already come on record that appellants Mangat Ram and Ram Chand were the tenants in the land in question and were claiming the compensation upon being divested of the possession.
¶7Learned counsel for the appellants concedes the factum that the eviction of Mangat Ram and Ram Chand from the land in question was done by the Gram Panchayat as per proceeding before the Revenue Court, which judgment of the revenue Court had already attained finality and the said order of eviction or even the order passed by the revenue authorities is not under challenge before any forum at the hands of the appellants Mangat Ram and Ram Chand.
¶8Once, the possession from both the appellants was taken by the Gram Panchayat and the Gram Panchayat is not a party to the present suit, the validity whether, the Gram Panchayat evicted the appellants properly or not, cannot be gone into. Furthermore, the suit was filed against the Municipal Committee, Sonepat. The Municipal Committee, Sonepat only got the land which was being vested with the Gram Panchayat as Shamlat Deh. As per the order passed by the revenue authorities, the Gram Panchayat in question was the owner and after dissolution of the said Gram Panchayat, Municipal Committee, Sonepat has rightly been vested with the said land.
¶9Further, as mentioned earlier, no description of the land which is the property of the appellants, has come on record to show that the said land proprietorship of which is being claimed by the appellants vested with RSA-2169-1989 (O&M) an2 connecte2 ca%e 4 the Gram Panchayat or the same was not Shamlat Deh but was any other land and was not being put to common use. In the absence of any such evidence qua the claim of the appellants, they are proprietors of any land, which is vested by Municipal Council, Sonepat, the judgments of the Courts below cannot be treated as perverse.
¶10In the regular second appeals, the perversity is to be shown in the findings recorded by the Courts below.
¶11Learned counsel for the appellants has not been able to point out the perversity.
¶12Learned counsel for the appellants argues that keeping in view the fact that Section 113 of the CPC deals with the reference to the High Court in case there is a challenge to the statutory provisions, the trial Court in the present case should have referred the matter to the High Court.
¶13?ua the above arguments, the Courts below have rightly concluded that there is no specific challenge to Rule 3 of the Punjab Gram Panchayat Rules, 1955 as amended on 22.12.1976. In the absence of any challenge to the same, the Courts below had rightly not referred the matter to the High Court but in case, the appellants were aggrieved against the said act, they could have challenged.
¶14?ua the argument of the learned counsel for the appellants that the validity of the notification dated 26.12.1976 should have been seen by the trial Court or the matter should have been referred to the High Court under Section 113 of the CPC, it may be seen that the suit filed by the appellants was not a declaratory suit but was suit for permanent injunction and therefore, the submission that declaration of the notification dated RSA-2169-1989 (O&M) an2 connecte2 ca%e 5
26.12.1976 as ultra-vires should have been done by the trial Court as well as by the lower Appellate Court, cannot be accepted.
¶15Further, the vesting of the Shamlat Deh land with the Municipal Council Sonepat after the dissolving of the Gram Panchayat was done on the basis of the Punjab Gram Panchayat Rules, 1955 which stood amended on 22.12.1976 so as to delete provisions of Rule 3 of 1955 Rules. The suit which was filed by the appellants was much after a period of three years of the said amendment and the appellants failed to challenge the said amendement even in the suit filed hence, question of referring an issue, which was already prima facie time barred, cannot be a ground to upset the judgments of the Courts below.
¶16Learned counsel for the appellants further argues that though the Hon'ble Supreme Court of India while passing an order in ������������ ������� � �� � ���� � ������ � �� � ����� � �� � ������� �������� � ��������� � �� �����!�������������������"��������������������������������#��������$ decided the question of law against the appellants but the said judgment has been recalled and the matter is pending before the Hon'ble Supreme Court of India.
¶17It may be noticed that in the present case, the appellants have not been able to prove their entitlement that they are the proprietors of the land in question and the land which has been vested initially with the Gram Panchayat and thereafter with the Municipal Committee, Sonepat, the appellants had any share to be claimed in the said land so as to claim the ownership of the same. Keeping in view the evidence which has come on record, despite repeated request of this Court, no such evidence has been RSA-2169-1989 (O&M) an2 connecte2 ca%e 6 cited that appellants were the proprietors who contributed the land in question to Gram Panchayat and were entitled for restriction of the same after the Gram Panchayat dissolved.
¶18In the present case, the judgment in "��������%�������&�����'$ though might have been recalled but keeping in view the facts and circumstances of the present appeals and the evidence on record, the said question will not arise keeping in view the factual averments, which have not been proved by the appellants before the Courts below.
¶19Further, it may be noticed that the judgment in "��������%� �����&�����'$ �only relates to the certain provisions of the Municipal Corporation Act and the Punjab Village Common Land Act and not the Punjab Gram Panchayat Rules, 1955 as per which, the rule devolving of the land upon the proprietors was deleted and the land was vested with the Municipal Council.
¶20Keeping in view the above, no ground is made out for any interference by this Court in the facts and circumstances of the present case.
¶21Accordingly, both the appeals are dismissed.
¶22Civil miscellaneous application pending if any, also stands disposed of.
¶23A photocopy of this order be placed on the file of other connected case. No3e:be/ 25, 2024 (HARSIMRAN SINGH SETHI) harsha ������JUDGE
Source: High Court of Punjab and Haryana, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.