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1987 DIGILAW 1122 (SC)

Deva v. Collector Of District Jind

1987-12-14

M.M.DUTT, RANGANATH MISRA

body1987
(1) SPECIAL leave granted. (2) THE oniy question which has been raised in this appeal is as tothe quantum of penalty. Penalty is imposable under S. 7(2 of the Punjab Village Cammon Land (Regulation) Act, 1961 for unauthorised occupation. The Gram Panchayat had claimed a sum of Rs. 3,500.00 per year as rent ofthe encroached land. The Collector imposed a penalty of Rs. 1,500.00 per hectare per year. On that basisthe quantum of penalty would work out at Rs. 9,700.00 per year. lt is true thatthe rate of penalty adopted bythe Collector is withinthe permissible limit underthe Act; yet, in the facts ofthe case and inthe absence of any material as to what wasthe nature ofthe use of land, there was perhaps no justification to impose such a heavy penalty. Inthe facts and circumstances ofthe case, we think penalty atthe minimum rate of Rs. 600.00 per hectare would meetthe requirements of law and be just. There is no dispute that such penalty was imposable from 1/06/1980 tilleviction. We accordingly allow the appeal and direct thatthe quantum of penalty should be computed on the basis of Rs. 600.00 per hectare from June 1980 tilleviction. A notice may be issued after computation is made tothe appellant and inthe event of failure to paythe same within such time asthe authority provides, it may be collected in accordance with law. No costs.