(1.) Challenge in this writ petition is to the order dtd. 22/10/2020 (Annexure P-7) passed by the Collector-cum-District Development and Panchayat Officer, Amritsar, vide which, an application for ejectment of the petitioner filed under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961, from two constructed shops situated in Khasra No.297, owned by Gram Panchayat Gujja Peer, Block Ajnala, District Amritsar - respondent No.4 has been allowed, appeal against which preferred by him has been dismissed by the Director, Rural Development and Panchayat Department, Punjab - respondent No.2 vide order dtd. 19/2/2021 (Annexure P-8).
(2.) It is the contention of the learned counsel for the petitioner that a resolution was passed by the Gram Sabha Gujja Peer on 28/12/2010(Annexure P-l) to the effect that Rs.2,50,000.00 has been taken from Jaswinder Singh - petitioner as surety and on construction of the two shops, the same were to be given to him on rent at the rate of Rs.250.00 per month for the small shop and Rs.350.00 per month for the big shop i.e. Rs.600.00 per month which was to be paid on yearly basis. The construction of the shops was to be completed and possession thereof handed over to the petitioner on 1/2/2011. The amount of Rs.2,50,000.00 as deposited by the petitioner as security would be returned in two to three years from the amount which is received from the petitioner for the two shops and the lease money from the sham land land. Thereafter, another resolution dtd. 1/2/2011 was passed by the Gram Panchayat and possession of two shops was handed over to the petitioner for the purpose of grocery, stationery and floor mill etc. Copies of resolution dtd. 28/12/2010 along with receipt relating to deposit of the amount in pursuance thereto has been appended as Annexure P-l and the resolution dtd. 1/2/2011 has been appended as Annexure P-2. It is asserted by him that the petitioner had been depositing the rent of Rs.7200.00 every year with the Gram Panchayat and and in support of this assertion, reference has been made to the receipts Annexures P-3 to P-5. He, on this basis, asserts that the petitioner since having been regularly paying rent as settled with the Gram Panchayat cannot be said to be in default or arrears of rent. It is also asserted that the petitioner is ready to pay the enhanced rent at the rate of 5% per annum in future.
(3.) Counsel for the petitioner has submitted that the Gram Panchayat filed an application under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961, on 18/9/2020 (Annexure P-6) for eviction of the petitioner on the ground that the petitioner was neither paying the rent regularly nor was he increasing rent as per the market rate. It was also pleaded therein that the District Development and Panchayat Officer, Amritsar, had, vide letter dtd. 14/8/2019 directed the Block Development and Panchayat Officer, Ajnala, to get the shops vacated and give them on rent after public auction. The said application under Sec. 7 of the Punjab Village Common Lands (Regulation) Act, 1961 has been allowed by the Collector-cum-District Development and Panchayat Officer, Amrtisar and eviction of the petitioner ordered on the ground that the earlier allotment of the shops by the Sarpanch of the Gram Panchayat in the year 2011, without holding any auction and that too without permission of any Competent Authority, was not in accordance with law. The initial allotment of the shops to the petitioner being violative of the statutory provisions, the possession of the petitioner cannot be said to be legal. His further assertion is that the Appellate Authority has also not taken into consideration the fact that the shops were got constructed after receiving an amount of Rs.2,50,000.00from the petitioner and therefore, the petitioner cannot be said to be in illegal possession or that he has been wrongly allotted the shops. The rent which has been fixed as per the resolution of the Gram Panchayat is being regularly paid by him and there is no finding by any of the authorities that the petitioner has defaulted in payment of rent or has violated any of the conditions laid down in the resolution of the Gram Sabha, dtd. 28/12/2010 (Annexure P-l).