Tarlok Singh Chauhan, J.

What is the nature of authority exercised by the Deputy Commissioner under Section 5 of the Himachal Pradesh Transfer of land (Regulation) Act, 1968, (for short ‘the Act’)? Is it administrative or quasi-judicial? Is he bound to comply with the principles of natural justice? If yes, then to what extent? Do the provisions of the Indian Evidence Act, 1872 (hereinafter referred to as the ‘Evidence Act’) apply to the proceedings conducted by him? Whether under all circumstances in such proceedings, a party could have a right to adduce evidence or cross-examine a person/witness. All these issues require consideration of this Court.

2. However, before answering these questions, certain minimal facts need to be noticed.

3. Respondent No.1 belongs to the scheduled tribe and is a resident of village Batseri, Tehsil Sangla, District Kinnaur, where he initially in the year 1998 allowed the petitioner to utilize his land comprised in Khata Khatauni No. 54/155, Khasra Nos. 1193, 1194, 1195, 1198, 1205 and 1219, measuring 0-61-00 hectares. Respondent No.1 thereafter obtained permission as required under Section 3 of the Act. On 01.01.2006, the Principal Secretary (