Amir Chand vs State of Punjab

C.D. Cheema, IAS.

The above noted three revision petitions have been filed under Section 16 of the Punjab Land Revenue Act, 1887 read with Section 84 of the Punjab Tenancy Act as provided in Section 7 of the Punjab Colonization of Government Lands Act, 1912 against the order dated 11.7.1984 passed by the learned Commissioner, Jalandhar Division dismissing the appeals in limine being not competent not maintainable. This single order will dispose of all the three cases and a copy of the order should be placed in each file.

Brief facts of these cases are that in all these cases the petitioners were found to be in illegal occupation of certain pieces of land which was acquired by the Colonisation Department for the construction of mandi Phagwara. The petitioners had grown crops in an unauthorised manner and therefore, the Extra Assistant Colonization Officer, Punjab exercising the powers of Collector, ordered on 9.5.1984 for the recovery of Rs. 1715000. Against the above orders three appeals were filed before the Commissioner, Jalandhar Division. After hearing the parties the learned Commissioner observed that the orders of Collector passed under the Colonization Act on all matters need not be appealable as provided for in the Punjab Tenancy Act and Punjab Land Reforms Act. So the learned Commissioner dismissed the appeals in limine vide orders dated 11.7.1984 as not admissible. Against the above orders the present the revision petitions have been filed before this Court.

The learned counsel for the petitioners submitted that under the Colonization of Government Land Act, 1912, no special provision regarding appeal or revision has been made. Under Section 7 of this Act the provision of Punjab Land Revenue Act. 1887 and Chapter 7 of the Punjab Tenancy Act and the rules made thereunder have been made applicable to all the proceedings under the Colonization Act, 1912. The learned counsel further submitted that the ruling 1980PLJ137 is fully applicable and the decision of the learned Commissioner is unjustified. The learned counsel further submitted that the observations of the Commissioner that the provisions of Sections 33 and 34 are not covered by the Land Revenue Act or Punjab Tenancy Act are not sound as the orders passed by the Collector under Sections 33 and 34 of the Colonization Act are appealable.

The learned Senior State Counsel submitted that there is a weight in the arguments advanced by the counsel for the petitioners as under Section 7 of the Colonization Act, 1912, Land Revenue Act/Tenancy Act have been made applicable and the orders passed under any of the provisions are appealable

I have considered the arguments advanced by the counsel for the parties and perused the orders of the Commissioner. The sole point involved in all the revision petitions is whether the order passed by the Collector under the Colonization of Government Land (Punjab Act, 1912) is appealable or not ? Before examining this point it will be appropriate to examine Section 5 of this act which read as under:

"Subject to the provisions of this Act, the Punjab Land Revenue Act, and Chapter VII of the Punjab Tenancy Act and the rules made thereunder shall, in so far as they are applicable, apply to all proceedings under this Act. But nothing in the Punjab Land Revenue Act or the Punjab Tenancy Act, 1887 shall be so construed as to vary or invalidate any condition entered in any statement of conditions issued by the State Government, and in particular shall not be so construed as to limit succession to tenancies otherwise than as provided in such statement of conditions."

From the above it is clear that the Punjab Land Revenue Act and Chapter VII of the Punjab Tenancy Act and the rules made thereunder have been made applicable to all proceedings under the Colonization Act, 1912. Chapter VII of the Punjab Tenancy Act, 1887 relates to jurisdiction and procedure including appeal, review and revision. The Extra Assistant Colonization Officer, exercising the powers of Collector decided the case under Section 34(1) of the Colonization of Government Lands Act, 1912 and these orders of Collector are appealable before the Commissioner under Section 80 of the Punjab Tenancy Act, 1887 and under Section 13 of the Punjab Land Revenue Act, 1887. So there is no force in the observations made by the learned Commissioner in his impugned order that the appeals filed before him were not maintainable.

Accordingly revision petitions are accepted and the cases are remanded to the Commissioner, Jalandhar Division for deciding the appeals on merits after giving due opportunity of being heard to the parties, who have been directed to appear before him on 29.4.1991.