A tenant is not entitled to compensation for improvements made on the land under Section 70 of the Punjab Tenancy Act, 1887, if they have not filed a statement of their claim for compensation as required by the statute.

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

(111)

LPA-1206-2022 (O&M)

Decided on: 11.01.2023

Shanti Devi and others

....Appellants

Versus

Financial Commissioner Haryana and others

.... Respondents

CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA

HON'BLE MS.JUSTICE HARPREET KAUR JEEWAN

Present:

Mr. C.M. Munjal, Advocate for the appellants.

Mr. Abhilaksh Grover, Advocate

for the caveator/respondent No.5.

*****

G.S. Sandhawalia, J. (Oral)

CM-2909-LPA-2022

Application for condonation of delay of 71 days in refilng the

appeal is allowed, in view of the averments made in the application, duly

supported by affidavit. Delay of 71 days in refiling the appeal is condoned.

CM stands disposed of.

CM-2911-LPA-2022

Application under Chapter 1-C, Rule 3, Volume-V of High

Court Rules and Orders has been filed for impleading the legal

representatives of deceased appellant Shanti Devi, who is stated to have

expired on 15.05.2021 leaving behind the legal heirs as mentioned in

paragraph No.2 of the application. It has been averred that there are no

other legal heirs of the deceased Shanti Devi. Application is duly

supported by affidavit of Dilbagh Singh son of deceased Shanti Devi.

Accordingly, in view of the averments made in the

application, duly supported by the affidavit, the same is allowed and the

legal representatives, as mentioned in paragraph No.2 of the application

NAVEEN NAGPAL

2023.01.18 11:04

I attest to the accuracy and

authenticity of this order/judgment

Chandigarh

LPA-1206-2022 (O&M)

-2-

are permitted to pursue the present litigation only. It is made clear that the

present order will not be liable to be taken into consideration in any other

set of proceedings.

CM stands disposed of.

LPA-1206-2022 (O&M)

Present Letters Patent Appeal is directed against the order of

the learned Single Judge dated 28.07.2022 wherein CWP No.712 of 2017

filed by the deceased Shanti Devi alongwith Smt. Bhag Devi and others,

was dismissed. The only benefit granted was that they were entitled to

retain possession of 12 kanals of land, which was purchased by them.

2.

The learned Single Judge, thus, upheld the orders of

ejectment passed by the Assistant Collector, First Grade, Hisar dated

30.03.2012 (Annexure P-3) which was further duly upheld by the

Collector, Hisar on 04.12.2012 (Annexure P-4) and the revision was

dismissed on 09.07.2013 (Annexure P-5) by the Commissioner, Hisar

Division. The Financial Commissioner, Haryana had also dismissed the

revision on 11.08.2016 (Annexure P-9) which were all subject matter of

challenge before the learned Single Judge .

3.

Counsel has restricted his argument only to the extent that on

the basis of Section 70 of the Punjab Tenancy Act, 1887 (for short ‘1887

Act’) the claim for compensation should have been mandatorily dealt with

by the authorities below.

4.

The learned Single Judge noticed that the argument had

neither been raised before any of the authorities below nor a claim for

compensation was raised at the time of filing the amended written

statement, wherein the plea had been taken that the landowner was not a

NAVEEN NAGPAL

2023.01.18 11:04

I attest to the accuracy and

authenticity of this order/judgment

Chandigarh

LPA-1206-2022 (O&M)

-3-

small landowner, which was the ground for eviction. Apparently no such

plea had been taken in the alternative.

5.

Counsel has tried to convince us that it was the duty of the

Court to direct the tenant to file the statement of his claim, if any, to

compensation for improvements, disturbance or of the grounds thereof.

6.

We have examined the provisions of 1887 Act, wherein

Sections 63 to 69 which read as under provides improvements by tenants,

whereas procedure for determining compensation is provided under

Section 70 to 74. The pr