HC calls for lease deed cancellation details

Saurabh Malik

Tribune News Service

Chandigarh, July 12

The cancellation of lease deeds entered into by gram panchayats in the state of Punjab today came under the judicial scanner with a Division Bench of the Punjab and Haryana High Court calling for the details. The functioning of Mohali MLA Kulwant Singh also came under the scanner in the case with a “cow welfare society” alleging political rivalry behind the cancellation of its lease.

Mohali MLA’s functioning also under lens

n The functioning of Mohali MLA Kulwant Singh also came under the scanner in the case with a ‘cow welfare society’ alleging political rivalry behind the cancellation of its lease.

Acting on the petition alleging political rivalry and discrimination in the cancellation orders passed by the government, the Division Bench of Justice Augustine George Masih and Justice Sandeep Moudgil called for the details regarding “the number of various types of deeds” entered into by the gram panchayats in the state of Punjab.

Directions were also issued to the state and other respondents to furnish the data “as to in how many cases the lease deeds had been cancelled and within how much time on default of non-deposit of the lease amount”.

Details were also directed to be submitted regarding the lease deeds still subsisting, despite default on the lessees’ part in the lease amount payment. “The period for which the default in those cases has happened be also given,” the Bench added, while setting a two-week deadline for the purpose.

Fixing July 28 for further hearing, the Bench also directed the maintenance of status quo regarding the possession after issuing a notice of motion to MLA Kulwant Singh, the state and other respondents. Among other things, the petitioner society submitted that Kulwant Singh, having a political rivalry with the society president, initially got a PIL filed, challenging the 33-year lease policy of the government.

“Having failed in his design to get the lease deed cancelled, the respondent MLA adopted illegal means and abused his position in the ruling party and got the impugned order issued by the government to get the lease deed cancelled on flimsy grounds within a short period of 10 days without giving a notice to the petitioner,” counsel Munish Jolly asserted.

Appearing before the Bench on Bal Gopal Gau Basera Welfare Society’s behalf, Jolly contended that it was running the “gaushala” in Mohali district with about 300 cows in it. A notice was not served upon the petitioner prior to the cancellation of the lease deed vide an order dated July 1. He added that the petitioner had already deposited the lease amount and was willing to pay even for the next year.

“An assertion has also been made that there are lease deeds enuring despite defaults on the part of various organisations having not deposited the lease amount. However, no such order of cancellation of deed has been passed by the government,” the Bench observed.

HC calls for lease deed cancellation details
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