Section 9 – The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

Section 9. Appeals

(1)An appeal shall lie from every order of the Collector made in respect of any public premises under section 5 or section 7 to the Commissioner.

10 Public Premises and Land Eviction Act

(2) An appeal under sub-section (1) shall be preferred –

(a) in the case of an appeal from an order under section 5, within thirty days from the date of publication of the order under sub-section (1) of that section; and

(b) in the case of an appeal from an order under section 7, within thirty days from the date on which the order is communicated to the appellant :

Provided that the Commissioner may entertain the appeal after the expiry of the said period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filling the appeal in time.

(3) Where an appeal is preferred from an order of the Collector, the Commissioner may stay the enforcement of that order for such period and on such conditions as he deems fit.

(4) Every appeal under this section shall be disposed of by the Commissioner as expeditiously as possible.

(5) The costs of any appeal under this section be in the discretion of the Commissioner.

COMMENTARY

The appellate authority in this section is not prescribed by name. To determine whether the appointment of Commissioner is as “˜personal designata or as a particular member of a class, it is to be seen whether the appointment is by name only or by virtue of his occupation or post held by him. It seems obviously the latter case so that any officer who holds the post of Commissioner concerned will be the proper forum of appeals. cf. Badrinath v Estate Officer . AIR 1977 J & K 39.

An appeal under this section in relation to common purposes land as understood in Punjab Gram Panchayat (Common Purposes Land Eviction and Rent Recovery Act,1976, shall lie to the Joint Director of Panchayats vide PG notn. No. SO. 73/PA 20/76S.4/76 dated 3.12.76.

It cannot be urged that since nobody has been designated or specified as Commissioner under the Act an appeal does not lie. A reference to section 7-A of the Punjab Village Common Lands (Regulation) Act,1961 clearly states that for the purposes of appeal under this section 9 in respect of the Common Lands Act, the Commissioner under the latter Act shall be deemed to be Commissioner as the Divisional Commissioner and includes any officer not below the rank of Joint Director Panchayats for performing the function of Commissioner. Cf. Mukhtiar Singh v Harbans,1981 Rev. L.R. 498 (See page 15 infra)

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The Punjab Public Premises and Land (Eviction and Rent Recovery) Act,1973

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