NURMAHAL
The Punjab and Haryana High Court has directed the Punjab Chief Secretary to hold an inquiry into the entire affairs concerning a matter (Municipal Committee versus Mohan Lal and another case) and initiate suitable action against the defaulting elected office bearers as well as the officers of the Municipal Committee, Nurmahal, responsible for negligent and callous behaviour.
Justice Anil Kshetarpal of the Punjab and Haryana High passed this order while disposing of a Regular Second Appeal filed by Nurmahal Nagar Council after 23 years.
The court order passed on September 8 said that
the Regular Second Appeal in the States of Punjab, Haryana, and Union Territory, Chandigarh, is governed by Section 41 of the Punjab Courts Act, 1918, and not by Section 100 of the Code of Civil Procedure, 1908, as held by a five Judge Bench of the Supreme Court.
The Municipal Committee Nurmahal has filed the present appeal, challenging the judgment and decree passed by the First Appellate Court on 07.05.1998, while dismissing the appeal filed by it on the ground that same has not been properly instituted as no resolution has been placed on the file. The cross objections filed by the defendants were also dismissed. . The appellant being local self-government has been created to serve the residents of the area. In fact, the respondents, while filing the suit, sought a decree of declaration that the order passed by the Collector evicting - them under the Public Premises and Lands (Eviction and Rent Recovery) Act, 1973, is illegal.
The trial court decreed the suit only in favour of plaintiff no.2.
During the hearing, the learned counsel representing the appellant has produced a copy of Resolution no.72 dated 13.09.1993, which is taken on record, authorizing its Executing Officer to file the suit. It has been asserted that inadvertently, the aforesaid resolution was neither mentioned in the grounds of appeal nor produced before the First Appellate Court. . The court said that the facts of the case clearly depict a very sorry situation in the management of the Municipal Committee. A body that has been elected to serve the residents of the area has failed to protect the public interest and public property.
Keeping in view the aforesaid facts, the judgment under challenge is set aside. The matter is remitted back to the First Appellate Court to examine the correctness of the resolution and thereafter, redecide the appeal.
Justice Anil Kshetarpal said in his order that before concluding, the Chief Secretary, Punjab, is directed to hold an inquiry into the entire affairs concerning this matter and initiate suitable action against the defaulting elected office bearers as well as the officers of the Municipal Committee. Nurmahal, responsible for such negligent and callous behaviour.