Pass well-reasoned orders in land matters: Punjab and Haryana HC to appellate authorities

Tribune News Service

Saurabh Malik

Chandigarh, October 4

In a significant judgment liable to change the way appeals in land ownership cases are adjudicated upon in Punjab and Haryana, the High Court has directed the appellate authorities to pass well-reasoned orders after recording their findings on the issues for determination that might have been framed by the collector or the assistant collector in the first place.

The Bench of Justice Lisa Gill and Justice Harsh Bunger also directed the chief secretaries of both the states to ensure circulation of the order’s copy to the appellate authorities concerned. The direction came on a gram panchayat’s plea against the Commissioner, Rural Development and Panchayat Department, and other respondents.

The Bench asserted Kapurthala Collector-cum-Additional Deputy Commissioner (Development) in August 2004 allowed a petition under the Punjab Village Common Lands (Regulation) Act filed by some people seeking declaration that 30-kanal, 14-marla did not vest in the gram panchayat. The persons were declared the owners.

The Bench observed the petitioner’s contention was that the appellate authority — Director, Rural Development and Panchayat Department — decided the appeal through a totally non-speaking order. Directing a fresh decision after setting aside the impugned order dated March 12, 2021, the Bench asserted the appellate authority failed to discharge the obligation placed on it as an appellate court. The order was not only non-speaking and cryptic, the appeal was decided in an unsatisfactory manner.

The Bench asserted it was observed in a number of cases pertaining to both the states that the appellate authorities — hearing appeals against orders passed in title-related proceedings — did not record findings on the issues as might be framed by the collector or assistant collector first grade.

“This leads to unnecessary and avoidable litigation as one or the other party invariably raises objection thereto in view of the well-settled position that proceedings relating to title under the Act are akin to proceedings before the civil court, wherein issues have to be framed on the basis of pleadings of the parties, evidence led and findings on the issues returned. It is further well-settled that in civil appeal proceedings before the first appellate court, the court is expected to return findings on all issues or at least frame points for determination arising out of the appeal and then record finding accordingly,” the Bench directed.

For “obviating unnecessary litigation”, the Bench asserted it deemed it appropriate to impress upon the authorities hearing title-related appeals to return findings on the issues that might be framed in the suit or “at least the points of determination arising of the appeal be framed” and only then the appellate authority should proceed to pass a well reasoned or speaking order.

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