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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Pawan Wasant Borle – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Notice confined to respondents No. 1 to 4 which is waived by Ms. Sheetal Vyas, learned CGC, Mr. Y.P.S. Dhaulta, learned Additional Advocate General and Mr. Raman Ravi Verma, learned Counsel for respondent No.1, respondents No. 2 & 3 and respondent No.4, respectively.
This writ petition has been filed for grant of following substantive reliefs:-
(a) To issue writ to the effect that the provision contained in State Legislation as contained in Section 118(1) and Section 118 (3) (D) of H.P. Tenancy and Land Reforms Act, 1972 as amended from time to time shall give way to the provisions as envisaged in Sections 11, 18, 19 and 40 of Parliamentary Legislation Real Estate (Regulation and Development) Act, 2016.
(b) To quash the Annexure P-6 and Annexure P-7 and Annexure P-8 to the extent the operation of recovery certificate issued under Section 40(1) Annexure P-4 (Colly.) is precluded and hindered.
(c) To recover the total amount, declared as arrear of land revenue vide Annexure P-5 dated 14.11.2022 alongwith interest @9.3% per annum from the date of each payment by sale of properties as mentioned in Annexure P-2 or in alternate by and other mode.
(d) To issue m
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The Zila Panchayat cannot recover contractual amounts as arrears of land revenue; such recovery must follow statutory provisions under the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961.
Point of law: Section 40(1) has to be given interpretation by reading down the provision to make it purposeful and akin to the object of the Act of 2016. Section 40(2) is for any other direction eith....
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