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SURESHWAR THAKUR, KULDEEP TIWARI
Suresh – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. lease granted to the petitioner for fish farming (Para 3 , 4 , 5 , 6) |
| 2. focus on the national green tribunal's action plan and its relevance (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's reasoning on the applicability of the tribunal's order (Para 14) |
| 4. court's order to quash previous orders and ensure inspections (Para 15 , 16) |
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
Notice of motion.
2. Mr. Ankur Mittal, Addl. AG, Haryana with Mr. Saurabh Mago, DAG, Haryana, waives service on behalf of the respondent-State, whereas Mr. Vikram Singh, Advocate has caused appearance on behalf of respondent No.4 under a validly executed Vakalatnama filed before this Court.
3. Admittedly, the present petitioner was granted lease of the disputed land, his being the successful highest bidder in an open auction, as became conducted in respect thereof, thus by the authorities concerned. The purpose for which the disputed land was leased to the present petitioner, was for enabling the latter to engage himself in fish farming. The tenure of the lease was for a period of 7 years, and, the said period was to commence from May 2020 and was to last up to May 2027.
4. However, it appears that t
Point of law: Any order passed in appeal under Rule 59 is subject to the revisional powers under Section 210. There is no mention of any appeal against an order of cancellation of lease under Rule 57....
A civil suit against the cancellation of a lease by the Deputy Commissioner is not maintainable under the Punjab Village Common Lands Act, as appropriate legal remedies must be pursued first.
Mere declaration as a successful bidder does not confer legal rights to challenge cancellation of lease proceedings unless a lease deed has been executed.
Court affirmed that without a valid lease, petitioners are not entitled to fisheries rights, allowing for ejectment and damages under the U.P. Revenue Code, 2006.
The detection of fraud and material irregularities in the lease settlement process, and the fair and justified action taken by the authority in promptly cancelling the leases.
Cancellation of an agricultural lease based on time-barred complaints is legally impermissible, emphasizing adherence to statutory time limits as per U.P. Zamindari Abolition and Land Reforms Act.
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