Land Acquisition – Deemed Lapsing – Section 24(2) of 2013 Act – Possession and Compensation – Petitioner challenged the acquisition on grounds of non-payment of compensation and continued possession – Court held that possession was taken by the Estate Officer, HUDA on the date of the Award (12th May, 2006) – Compensation awarded lying with LAC and enhanced compensation deposited in Court – Petitioner's claim of non-payment and non-possession found untenable – Representation for release of land based on incorrect assertions rightly rejected by Respondents – Petition dismissed [Paras 1-19].

Possession of Land – Acquisition Procedure – Court referred to Constitution Bench judgment in Indore Development Authority v. Manoharlal – Physical possession taken as per statutory requirements – Possession by Government deemed complete upon drawing up possession memorandum – Subsequent trespass does not negate possession [Para 15].

Non-payment of Compensation – Legal Obligation – Compensation initially awarded lying with LAC, enhanced compensation deposited in Court – Non-deposit does not lead to lapse of acquisition proceedings – Payment obligation met by tendering compensation under Section 31(1) of 1894 Act – Petitioner's plea regarding non-payment rejected [Paras 16-17].

Decision – Writ Petition Dismissed – Held – No negative conditions under Section 24(2) met – Representation for release based on incorrect facts – Petition dismissed with no orders as to costs [Paras 18-19].

Writ Jurisdiction – Mandamus – Alternative Remedy – Availability of statutory remedy under SARFAESI Act – MSME seeking mandamus to the bank to consider case under CGSSD and to stay possession proceedings – High Court held that the petitioner unjustifiably bypassed the statutory remedy – Emphasis on the Supreme Court’s guidelines in Whirlpool Corporation case regarding when writ jurisdiction can be invoked despite alternative remedies – No justification found for High Court to interfere under Article 226 – Petition dismissed, relegating the petitioner to statutory remedies under SARFAESI Act [Paras 1-19].

Principles of Natural Justice – Failure to follow RBI Circulars concerning MSMEs – Petitioner contended Bank’s action of classifying loan as NPA and issuing possession notices without hearing was against natural justice – High Court noted that the Bank's decision was a commercial one, best left to financial experts, and not open to judicial interference unless decision-making process flawed [Paras 10-16].

Debt Recovery Tribunal (DRT) – Effective Remedy – Emphasis on exhausting statutory remedies – Petitioner should approach DRT and Debt Recovery Appellate Tribunal (DRAT) for relief – High Court stressed that judicial review under Article 226 available after exhausting such remedies [Paras 13-16].

Decision – Writ Petition Dismissed – Held – Petitioner directed to avail statutory remedies under SARFAESI Act – High Court declined to interfere, emphasizing the necessity of exhausting alternative remedies before invoking writ jurisdiction [Paras 17-19].

Arbitration Clause – Applicability of Arbitration Acts –

Petitioners entered into a lease agreement with an arbitration clause referring disputes to the Managing Director of the Punjab State Cooperative Milk Producers Federation or his nominee under the 1961 Act – Dispute arose, and petitioners invoked jurisdiction under the 1996 Act – Held, Section 55 of the 1961 Act pertains to disputes related to the business of the cooperative society – Lease of immovable property does not relate to the business of procuring, processing, and marketing milk – Therefore, the dispute does not fall within Section 55 of the 1961 Act – Arbitration to be conducted under the 1996 Act [Paras 1-21].

Interest and Involvement of Arbitrator –

Managing Director of the Federation was found to have an interest in one of the parties to the agreement, making him ineligible as an arbitrator under Clause 5 of the VII Schedule of the 1996 Act – Petition for appointment of an independent arbitrator was allowed [Paras 22-32].

Decision:

Petition under Section 11 of the 1996 Act allowed – Appointment of independent arbitrator ordered – Connected appeals dismissed as infructuous following surrender of leasehold premises – Interim orders of Additional District Judge upheld [Paras 32-34].

Writ of Mandamus – Legal and Judicially Enforceable Right – Petitioner sought a writ of mandamus directing the authorities to relax the norms laid down by the Indian Roads Congress for setting up a fuel station – Held, a writ of mandamus can only be issued when the petitioner establishes a legal and judicially enforceable right and the respondents are under a legal duty to perform – Petitioner did not possess such a right, and only had the right to command the respondents to make a decision – Cited judgments of co-ordinate and Division Benches were not binding precedents under Article 141 as the question of law was neither taken up nor decided therein – Petition disposed of by directing the committee to take a final decision on the matter [Paras 9-16].

Relaxation of Norms – Discretionary Power – Court emphasized that the power to relax guidelines is discretionary and does not create an enforceable right – Relaxation guidelines are meant for public safety to prevent tragedies – Therefore, the Court found it inappropriate to issue a writ of mandamus to compel authorities to grant relaxation – Directed the committee to make a decision on the petitioner’s request for relaxation [Paras 17-18].

Decision: Petition disposed of by directing the committee to take a final decision on the petitioner's request for relaxation of norms – Court did not make any findings on the merits of the case [Para 18].

Preferential Qualification – Weightage and Merit – Petitioner possessed essential qualification and a postgraduate degree in Criminology, which was a preferential qualification for the post of Deputy Superintendent Jails – Claimed he was not selected due to non-weightage for preferential qualification – Respondents argued preferential qualifications only come into play when candidates score equal marks – Court held preferential qualifications do not entitle a candidate to preference independent of overall merit – Preferential qualification tilts the balance only when marks are equal – Selection process upheld, petition dismissed [Paras 1-13].

Preferential Qualification and Reservation – Judicial Precedents – Court referred to Supreme Court judgment in The Secretary, Andhra Pradesh Public Service Commission v. Y.V.V.R. Srinivasulu &ors., which established that preferential qualifications tilt the balance only when marks are equal, and do not constitute reservation – Merit must not be compromised by considering preferential qualifications as a separate block [Paras 10-11].

Decision:- Writ petition dismissed – Petitioner not entitled to preference based on preferential qualification of Criminology – Petitioner correctly awarded 2 marks for higher qualification, not 5 marks as claimed [Paras 12-13].

Parole – Involvement in Other Cases – Threat to Public Order –

Petitioner’s application for parole denied due to involvement in other NDPS Act cases and apprehension of engaging in drug activities if released – Held, likelihood of committing a similar offense while on parole is not sufficient to establish an active and real threat to the security of the state or maintenance of public order – Temporary parole of four weeks granted [Paras 1-7].

Judicial Reasoning – Precedent and Parole Criteria –

Court referenced CRWP-2156-2019, Jeet Singh v. State of Punjab and others, and CWP No.19340 of 2019, Manjit Singh @ Ladu v. State of Punjab and others, which held that involvement in other cases under NDPS Act alone is insufficient to deny parole absent concrete evidence of threat to state security or public order – State’s apprehension not supported by record – Parole granted subject to conditions [Para 6].

Decision: Writ Petition allowed – Impugned order set aside – Petitioner granted temporary parole for four weeks subject to furnishing bonds/surety – Additional conditions imposed include providing a mobile number and undertaking not to engage in illegal drug activities – Authorities granted liberty to take action for any breach of conditions [Para 7-8].

Public Interest Litigation – Maintainability – Personal Interest – Petitioner, claiming to be a social worker, challenged the appointment of a constable in the Indian Army, alleging fraud and submission of forged documents – Held, petitioner failed to disclose his credentials, motive, or interest in the case – No evidence showing how he obtained the documents or his pursuit of social activism – Petition dismissed as filed for oblique purpose and personal vendetta [Paras 1-12].

Evidence and Procedure – Right to Information Act Compliance – Petitioner did not follow the stipulated procedure under the Right to Information Act, 2005 to obtain the documents presented – Failed to demonstrate the public interest element – Documents indicated personal vendetta rather than genuine public interest – PIL filed without substantial evidence [Paras 6-8].

Decision:

Petition dismissed – Public interest litigation found to lack bona fides and dismissed for being filed with an oblique motive – Emphasis on the need to discourage frivolous PILs to prevent misuse of judicial time and resources [Paras 11-13].

Proclaimed Offender – Procedural Irregularities – Petitioner challenged the order declaring him as a proclaimed offender – Affixation of proclamation was carried out before it was entrusted to the serving officer – Issuance of proclamation did not meet the mandated 30-day period under Section 82 of Cr.P.C. – Held, procedural lapses in issuance and affixation of proclamation vitiate the order – Impugned order set aside subject to conditions [Paras 1-14].

Mandate of Section 82 Cr.P.C. – Non-compliance – Affixation of proclamation cannot precede its entrustment to the serving officer – Issuance of proclamation on 01.07.2017 for appearance on 20.07.2017 does not satisfy the 30-day period required by Section 82 of Cr.P.C. – Order declaring petitioner as proclaimed offender quashed [Para 12].

Decision:

Petition allowed – Impugned order declaring petitioner as proclaimed offender quashed – Petitioner directed to deposit Rs.10,000/- as costs with the PGIMER Poor Patient Welfare Fund, Sector 12, Chandigarh – Petitioner to submit an undertaking to appear before the trial court on all dates unless exempted and not to cause any delay in proceedings – Prosecution at liberty to seek cancellation of bail upon breach of conditions [Para 14].

Lease Agreement – Return of Possession – Landlord’s Obligation – Tenant Bank offered possession after lease expiry – Landlord refused due to condition of premises – Court held landlord has no right to refuse possession for any reason after lease expiry – Delay in transfer caused by landlord’s refusal – Landlord not entitled to rent/arrears for period after lease expiry until possession taken – Right to approach Civil Court for grievances against tenant upheld [Paras 1-21].

Lease Terms – Condition of Premises – Clause Interpretation – Clause 2(j) of lease deed required premises to be returned in condition consistent with lease terms – Court found Bank complied by offering possession with RCC structure as per lease – Landlord’s refusal based on structure’s presence unjustified – Lease conditions not breached by Bank [Paras 16-17].

Judicial Review – Second Appeal – Concurrent Findings – Court’s duty to correct misappreciation of evidence – Concurrent findings disrupted due to incorrect interpretation of lease terms and misappreciation of evidence by lower courts – Second appeal allowed to rectify injustice [Paras 22-24].

Decision – Second Appeal Allowed – Held – Judgments and decrees of lower courts reversed – Landlord not entitled to rent for delay caused by their own refusal to take possession – Costs awarded to appellant [Paras 21-24].