Local Acts Reporter 2011(3) L.A.R. ............ Latest Laws

Gair Mumkin Goradeh

Punjab Village Common Lands (Regulation) Act, 1961 -- Common purpose – Unauthorised occupation – Eviction of -- As per revenue record, the land vests in the Gram Panchayat and is being used as Gair Mumkin Goradeh, which admittedly is a common purpose -- Eviction was passed by the Assistant Collector Ist Grade, on the basis of the demarcation report, which was upheld in appeal as well as in revision -- During pendency of the appeal, the disputed land was again demarcated and in the said demarcation also, the petitioner was found to be in illegal possession of land – Finding of facts recorded by both the courts below on the basis of two demarcation reports -- No ground to interfere. Bahadur Singh v. The Commissioner, Gurgaon Division, Gurgaon and others, 2011(3) L.A.R. 606 (P&H DB).

Good Character

Appointment of Lambardar – Acquittal from criminal case -- Effect of -- A person with clean record and good character is required to be appointed as Lambardar who would command respect of the residents in the Estate -- Although petitioner has been acquitted, however, for quite a length of time, criminal proceedings were pending against him in trial -- Apprehension of the Financial Commissioner, that residents of the village would not have due regard for the petitioner so as to give him information as required in discharge of functions by a Lambardar, cannot be said to be without reasonable basis -- No ground for judicial review of the impugned order. Narender Kumar v. Financial Commissioner, Revenue, Haryana & others, 2011(3) L.A.R. 110 (P&H).

Government Residences [Chandigarh Administration General Pool] Allotment Rules, 1996,

Rule 7 – Allotment of Government accommodation – Category/post-wise entitlement explained – Held, no new house for any category/post should be earmarked unless the house already earmarked for such category/post has been vacated and placed in the general pool of the Chandigarh Administration for allotment in accordance with the Allotment Rules. Mrs. Asha Sharma v. Chandigarh Administration & Ors., 2011(3) L.A.R. 504 (SC).

Rule 8 – Object of Rule 8, explained -- Purpose of Rule 8 is not to allow discretionary allotment but is to provide overall powers of coordination and control to the Administrator, U.T., Chandigarh -- When the words ‘for the purposes of allotment to any class or category of eligible government servant’ appearing in Rule 8 are examined, these have to necessarily be construed to mean the allotment made in terms of the Allotment Rules -- Adding or withdrawing houses to the general pool is a power vested in the authority under Rule 8, but allotments still are to be made in accordance with the substantive rules enabling the authorities to make regular allotments. Mrs. Asha Sharma v. Chandigarh Administration & Ors., 2011(3) L.A.R. 504 (SC).

Rule 8, 11 – Discretionary Quota -- Out of turn Quota -- Power of Authorities explained -- Powers vested in the concerned authority under Rules 8 and 11 will only be exercised: upon recommendation of the House Allotment Committee; such recommendation should be supported by reasons with the requirements of the job and the data in support thereof; and no allotments would be made under the provisions of Rule 11(1)(e) -- Maximum restriction of 10 per cent of all allotments being Out-of-Turn Allotments, as contemplated under Rule 11(2), shall be operative to entire Rule 11 as well as to Rule 8 -- In no event shall Out-of-Turn Allotment exceed 10 per cent of all houses allotted in a year. Mrs. Asha Sharma v. Chandigarh Administration & Ors., 2011(3) L.A.R. 504 (SC).

Rule 9 – Allotment of Government accommodation – Objections – Need of – Publication of list on website -- Held, there is no provision requiring invitation of objections -- Once there is no rule, it will not serve any fruitful purpose to invite objections to each allotment apart from unnecessarily delaying allotments and rendering the working of the Rules more complex and difficult -- Rule 9(5) is a complete safeguard in regard to proper maintenance of the seniority list of the applicants -- Final list of allotments made by the House Allotment Committee should be placed on the website of the Government, as all interested persons would be entitled to know whether they have been allotted the accommodation or not. Mrs. Asha Sharma v. Chandigarh Administration & Ors., 2011(3) L.A.R. 504 (SC).

Rule 11(1) – Allotment of two houses -- No rule brought to notice or is available on the records providing that an officer who is posted outside Chandigarh/Panchkula/Mohali and whose spouse is not entitled to any Government accommodation of any category can be provided with two houses, one at the District/Division level to which he/she is transferred and another at Chandigarh and its adjourning areas – Held, State shall not allot two different houses to one government servant -- In terms of Rule 11(1)(b), such allotment can be made in some circumstances but that every effort should be made to ensure that such situations arise only in exceptional circumstances -- It will be in the interest of all concerned that Rule 11(1)(b) is invoked sparingly and only by the authorities concerned, upon the recommendation of the House Allotment Committee. Mrs. Asha Sharma v. Chandigarh Administration & Ors., 2011(3) L.A.R. 504 (SC).

Rule 13(5) – Allotment of Government accommodation – Retirement of employee – Retention of accommodation – Right of -- Rule 13, sub-rule 5 carves out an exception, allowing the period of retention to be extended beyond the period stated in the table under Rule 13(2) of the Allotment Rules on payment of higher licence fee – Held, there is no reason why a government servant should be permitted to retain the accommodation beyond 4 to 6 months, which period is permissible under the substantive rules -- Rules 13(1) and 13(2) are comprehensive, specific and provide more than reasonable time for a government servant to vacate the accommodation allotted to him/her -- Rule 13(5) not sustainable and the authorities are directed not to take recourse to the said provision under any circumstance -- No case of retention of government accommodation beyond the periods specified in the table to Rule 13(2) of the Allotment Rules shall be entertained by any authority under the Allotment Rules. Mrs. Asha Sharma v. Chandigarh Administration & Ors., 2011(3) L.A.R. 504 (SC).