New Delhi, February 12
The Supreme Court has directed the Punjab and Haryana High Court to examine the constitutional validity of a land amendment Act brought in by the state government, apparently, with the aim of nullifying its judgement in a case of illegal land allotments.
A Bench of Justices Arijit Pasayat and P. Sathasivam slammed the high court for summarily dismissing a petition filed by a gram panchayat challenging the vires (legality) of the Act.
“The dismissal of the writ petition in such summary manner without adverting to their relief prayed for without indicating any reason is clearly indefensible,” the Bench observed.
“In view of the fact that the high court has not considered the challenge as to the validity or otherwise of the amendment Act and the notification thereon, we have no option except to set aside the impugned order,” the apex court
said while remitting the matter back to the high court.
The apex court passed the direction while partly allowing an appeal filed by the gram panchayat, Kum Kalan, in Ludhiana district. The panchayat had challenged Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961, that empowered the state government to validate and legalise allotment of land, allegedly in an illegal manner, to evacuees and displaced persons.
According to the panchayat, the amendment was brought in by the government solely to nullify the effects of the Supreme Court’s judgement, in 1985, which had held that the allotments were illegal.
It was submitted that though a writ petition was filed before the high court challenging the constitutionality of the amendment as an attempt was made to overcome the apex court order, the high court dismissed the same without addressing issues raised by the panchayat.
Accepting the panchayat’s plea, the apex court said the high court had failed to address the central issue as to whether the amendment, made by the government, was valid in law or not.
Recalling its earlier observations, the Bench said reasons introduce clarity in an order and failure to consider the relief/challenge raised in the writ petition rendered the high court’s action unsustainable. The apex court set aside impugned order and sent the matter back to the high court noting that it has not considered the challenge as to the validity of the amendment Act and the notification thereon.
— PTI
