RAGHAV OHRI : Chandigarh, Sat Aug 25 2012, 01:31 hrs
Desperate
for a stay on the order passed by the Punjab and Haryana High Court
on setting up a Judicial Tribunal to probe the alleged illegal
properties owned by high ups, the Punjab government failed to get any
immediate relief from the Supreme Court.
A senior lawyer, arguing on
behalf of the Punjab government requested a division bench of the
Apex Court to stay the operation of the High Court order as the said
order has made Punjab’s revenue and civil courts defunct. However,
the Bench refused to grant stay or any immediate relief today.
Putting queries, the Supreme Court today asked the Punjab government
to return with response next week.
The Apex Court pointed out to
a deficiency in an affidavit filed by the Punjab government in its
special leave petition (SLP). The Bench objected to the affidavit
filed by the Financial Commissioner, Revenue. The Bench observed that
the affidavit, to support the SLP, should have been by the Principal
Secretary to Punjab government.
Counsel for Punjab government
requested the Bench to grant stay as an interim relief till the next
date of hearing. The Bench however declined the request. In its SLP,
the Punjab government has taken the plea that after the High Court’s
order of setting up a Judicial Tribunal, its (Punjab) Revenue and
Civil Courts have virtually become defunct.
The Punjab government has
further stated that the High Court order has adversely affected the
transfer of common land in the State. So much so that some of the
government projects have also been affected, the State has submitted
in its SLP.
The State has further stated
that statutory bodies, like the Revenue Commissioners, have stopped
entertaining cases and appeals pending before them after the High
Court’s order. Punjab has further submitted that the High Court’s
order, has put complete stay on registration of sale deeds regarding
shamlat deh land.
As an immediate relief, the
Punjab government had demanded that the High Court’s order should
be stayed immediately so that the Revenue Court and Civil Courts can
adjudicate disputes pertaining transfer/ sale and alienation of
common land.
On May 30, a division bench of
the High Court had set up a Judicial Tribunal today to find out the
alleged illegal properties owned by high-ups in the city’s
periphery and other parts of Punjab. In an embarrassment to the
Punjab government which had been investigating the case for the past
five years, the High Court had expanded the scope of investigation
from city’s periphery to other districts in Punjab where village/
common land has been grabbed or sold by high-ups/ private persons.
Significantly, the High Court
had also included jumla mushtarkan malkhan land other than shamlat /
forest/ nazool land which were already under the HC scanner. In 2007
the Court had directed the Punjab government to conduct an
investigation and submit a report. Even after conducting the probe
and submitting several status reports, the High court had observed,
no “tangible progress” was shown and no “tangible” action was
taken against the culprits.
© 2012
The Indian Express Limited. All rights reserved
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