RSA No.3484 of 2007 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3484 of 2007 (O&M) Date of Decision.23.12.2010 Ram Naresh son of Dalip Chand, resident of Shop No.3, Main Bus Stand, G.T. Road, Gurdaspur and another ......Appellants Versus Zila Parishad, Gurdaspur through its secretary ......Respondent 2. RSA No.3485 of 2007 (O&M) Balwant Rai son of Shri Kirpa Ram, resident of Nangal Kotli Mandi, Gurdaspur, Tehsil and District Gurdaspur ......Appellant Versus Zila Parishad, Gurdaspur through its secretary ......Respondent 3. RSA No.3606 of 2007 (O&M) Rakesh Kumar son of Mohan Lal, near Bus Stand, Gurdaspur and others ......Appellants Versus Zila Parishad, Gurdaspur through its Chairman and another ......Respondents 4. RSA No.3454 of 2007 (O&M) Sohan Lal son of Sita Ram ......Appellant Versus The Zila Parishad, Gurdaspur through its secretary ......Respondent 5. RSA No.3456 of 2007 (O&M) Chander Mohan s/o Sh. Keshav Ram ......Appellant Versus The Zila Parishad, Gurdaspur through its secretary ......Respondent Present: Mr.R.D. Bawa, Advocate for the appellant (s) in RSA Nos.3454 and 3456 of 2007. RSA No.3484 of 2007 (O&M) -2- Mr. Vipin Mahajan, Advocate for the appellant (s) in RSA No.3484, 3485 and 3606 of 2007. Mr. Rajinder Sharma, Advocate for the respondent. Mr. H.S. Gill, Sr. DAG, Punjab. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) C.M. No.15020-C of 2010 Application is allowed. Affidavit filed by Secretary Zila Parishad Gurdaspur is taken on record. C.M. No.15021-C of 2010 Application is allowed. Affidavit filed by Deputy Director (Women Programme), Department, Punjab on behalf of Financial Commissioner, Rural Development and Panchayats, Punjab is taken on record. Main Cases: 1. In compliance of the direction made by this Court on 08.12.2010, the Secretary of the Zila Parishad is present in Court. 2. With the consent of the parties, the appeals themselves are taken up and disposed of in the light of affidavit filed by the Deputy Chief Executive Officer Zila Parishad, Gurdaspur, where it has been stated that the Zila Parishad had sought for approval of the Government vide letter dated 2433 dated 16.7.2008 to regularize the RSA No.3484 of 2007 (O&M) -3- shops in favour of the appellants on account of pendency of litigation. The attempt was to generate income from the shops on the basis of new terms and conditions. It is stated that the office of the Director Rural Development and Panchayat Department Punjab by its memo dated 13.11.2009 has stated that Zila Parishad was itself competent to compromise or contract with the lessees at its own level and there was no approval of the Government necessary. The Zila Parishad has framed a scheme that sets out several conditions that include under Clause (xiii) to (xvi) as follows:- (xiii) Every unauthorized shop keepers would deposit Rs.5000/- as transfer fee. (xiv) The unauthorized occupants would pay licence fee after 20% enhancement of the present licence fee. (xv) As per government instructions fresh agreement would be executed every year after 5% increase in the licence fee. (xvi) The unauthorized occupant would withdraw his case pending in this Court. 2. The appellants even offered fresh terms and it is submitted that the appellants would make the payments as agreed to and referred to in the affidavit of the Deputy Chief Executive Officer. The Government through Deputy Director (Women Programme) Department, Punjab has also filed an affidavit stating that the Zila Parishad will be competent to enter into the fresh terms with the lessees. In terms of the fresh terms, which have been entered, there shall be no further dispute on the same subject matter. Learned counsel for the appellant RSA No.3484 of 2007 (O&M) -4- (s) would confirm the contents of the affidavit of the Zila Parishad to be true in so far as it makes reference to the appellants. 3. The appeals are disposed of on the above terms. (K. KANNAN) JUDGE December 23, 2010 Pankaj*