Give rival side fair chance in land disputes: HC

The Punjab and Haryana High Court has made it clear that authorities handling appeals in land-related disputes are required to give both sides a fair chance to present their case, define the key points of disagreement, and provide evidence before deciding on whether to condone delays in filing appeals.

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The ruling came as the Division Bench of Justices Sureshwar Thakur and Vikas Suri quashed an order condoning a 92-day delay in filing an appeal, citing significant lapses in procedure. The court was of the opinion that the impugned order was passed in a “slipshod and hasty manner”.

The case pertains to a land dispute under the provisions of Punjab Village Common Lands (Regulation) Act, 1961, between individuals and a gram panchayat in Fatehgarh Sahib. The individual-petitioners secured a favourable order from the collector concerned in January 2019. Among other things, their title to the land was recognised.

Challenging the order, a gram panchayat filed an appeal under the Act after a delay of 92 days and sought its condonation. The authority hearing the appeal allowed the delay condonation without hearing the other side or following due procedure, prompting the petitioners to approach the high court by filing the petition against the Joint Development Commissioner (IRD) and other respondents.

The court was further of the opinion that bypassing such fundamental steps not only violated the principles of fairness but also undermines the integrity of the adjudication process. The manner of adjudication by the statutory authorities below was required to be deprecated, the court asserted.

The Bench also overturned the delay condonation order and directed the appellate authority to reconsider the matter. The court instructed the authority to restore the application for condonation of delay and follow proper procedure, including giving both parties an opportunity to present their case and submit evidence.

The Bench also made it clear that the authority was required to hear the appeal on its merits if the delay condonation was approved, while setting a six-week deadline for completing the process. The contesting parties were directed to appear before the authority concerned on February 5, either personally or through their legal representatives.