CWP No.11382 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.11382 of 2011 Date of decision: 05.07.2011 Sukhjit Singh ....Petitioner Versus District Development and Panchayat Officer, Patiala and others ....Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. P.K. Gupta, Advocate, for the petitioner. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Notice of motion. On being asked, Ms. Rita Kohli, learned Additional Advocate General, Punjab, accepts notice on behalf of the State. With the consent of the parties, present writ petition is disposed of finally at this admission stage. Record reveals that alleged lease granted to the petitioner was cancelled by respondent No.1 vide impugned order dated 28.6.2011 while exercising power under Section 10-A of the Punjab Village Common Lands (Regulations) Act, 1961 (hereinafter referred to as 'the Act'). Record further reveals that before passing the impugned order cancelling/revoking the lease, petitioner-lessee was not heard as required by Section 10-A(2)(iii) of the Act. Section 10-A of the Act reads as under: - CWP No.11382 of 2011 -2- “10-A. Power of Collector to cancel or vary lease etc. of lands vested in Panchayats. - (1) Notwithstanding anything contained in this Act or the Shamlat Law or in any other law for the time being in force, the Collector may call for from any Panchayat in his district the record of any lease, contract or agreement entered into by the Panchayat in respect of any land vested or deemed to be vested in it, whether such lease, contract or agreement is entered into before or after the commencement of Punjab Village Common Lands (Regulation) Amendment Act, 1964, and examine such record for the purpose of satisfying himself as to the legality or propriety of such lease, contract or agreement. (2) Where, on examination of the record under sub- section (1) and after making such inquiry, if any, as he may deemed fit, the Collector is satisfied that such lease, contract or agreement: - (i) has been entered into in contravention of any of the provisions of this Act or the rules made thereunder; or (ii) has been entered into as a result of fraud or concealment of facts; or (iii) is detrimental to the interests of the Panchayat as prescribed; the Collector may, notwithstanding anything as aforesaid, cancel the lease, contract or agreement or vary the terms thereof unconditionally or subject to such conditions as he may think fit: Provided that no order under this sub-section shall be passed by the Collector without affording an opportunity of being heard to the parties to the lease contract or agreement. (3) Where the terms of any lease, contract or agreement have been varied by the Collector under sub-section (2), the variation shall, notwithstanding anything contained in this Act or the Shamlat Law or any law for the time being in force, be binding on the parties to the lease, contract or agreement, as the case may be. (4) Where the lessee or the person with whom a contract or agreement has been entered into by a Panchayat refuses to accept the variation made by the Collector under this section in the terms of his lease, contract or agreement, such lease, contract or agreement , as the case may, shall be deemed to be cancelled by the Collector under this Section with effect from the date of such refusal. (5) Where under this section any lease, contract or agreement is cancelled or deemed to be cancelled or CWP No.11382 of 2011 -3- its terms are varied, the lessee or the person with whom the contract or agreement has been entered int, who suffers by such cancellation or variation, is entitled to receive compensation to be assessed by the Collector for any loss or damage caused to the lessee or such person which naturally arose in the usual course of things from such cancellation or variation: Provided that no such compensation shall be given for any remote and indirect loss or damage sustained by reasons of such cancellation or variation. (6) Notwithstanding anything contained in any law of the time being in force, the amount of compensation awarded by the Collector under this Section shall be payable by the Panchayat in the prescribed manner and shall be valid charge on the Sabha fund. (7) Any party to a lease, contract or agreement aggrieved by any order of the Collector made under this section may, within a period of thirty days from the date of such order, appeal to the Commissioner whose decision thereon shall be final.” From the perusal of the Section 10-A(2)(iii) it is, thus, clear that before cancelling the lease, District Collector must hear the lessee. In the present case, lessee was admittedly not heard, therefore, impugned order cannot be sustained in the eye of law. Petition is allowed. Impugned order (Annexure P-6) is set aside. Petitioner shall appear before respondent No.1 on 19.7.2011 and file his reply. Collector/respondent No.1 shall fix any date for arguments and shall decide the case under Section 10-A of the Act at its own merit in accordance with law after hearing the petitioner as well. Meanwhile, parties shall maintain status quo on the spot and shall not change the nature of the property. (Alok Singh) Judge July 05, 2011 R.S.