Civil Law - Mandatory Injunction – Mutation of Land – Execution of Sale Deeds – Section 34 of Punjab Land Revenue Act and Section 39 of Specific Relief Act – Appeal Dismissed – Plaintiffs had purchased the land through registered sale deed dated 17.06.1976 (Ex.P1), based on a prior sale deed dated 15.01.1975 (Ex.P2) – Defendants denied execution of sale deeds and sought declaration of both as null and void – Lower Appellate Court found no evidence to support their claim and held the sale deeds genuine – Revenue authorities were held under statutory obligation to initiate mutation proceedings upon such acquisition – Civil Court’s jurisdiction upheld to issue mandatory injunction compelling performance of such obligation – Appeal dismissed as no substantial question of law arose [Paras 1-9].

Jurisdiction of Civil Court – Mutation Entries – Section 158(2)(vi) of Punjab Land Revenue Act – Civil Suit Held Maintainable – Court clarified that suit was not for correction of mutation but to compel initiation of mutation entry – Held: Civil Court has jurisdiction where authorities fail in their statutory obligation [Paras 6-8].

Delay in Seeking Relief – Limitation – Delay of 30 years – No Bar Shown – Plaintiffs approached authorities in 2003 regarding 1976 sale – No provision in Limitation Act cited barring suit for mandatory injunction – Argument rejected [Para 8].

Possession – Delivery on Execution of Sale Deed – Validity of Mutation – Appellant argued mutation cannot be sanctioned without delivery of possession – Evidence showed possession delivered and plaintiffs in continuous possession – Argument rejected [Para 9].

Appeal Decision – No Substantial Question of Law – Lower Appellate Court rightly decreed suit for mandatory injunction – Findings upheld – Appeal Dismissed [Final Para].

Execution of Decrees – Transfer of Execution Proceedings – Jurisdiction – Petitioner, judgment debtor, challenged the order of the District Judge transferring execution proceedings from the Civil Judge (Junior Division) to the Civil Judge (Senior Division) due to administrative exigencies – Held, District Judge has the power to supervise and control execution of decrees and can transfer cases to appropriate courts – Term ‘Court which passed the decree’ does not mean only the original judge or coordinate judge – Execution proceedings properly transferred to avoid delays and ensure effective decree enforcement – Revision petition dismissed. [Paras 1-11]

Supervision and Transfer of Cases – Analysis – Held – District Judge must ensure execution work is not neglected and can redistribute cases to maintain efficiency – Provisions of Order 21 Rule 10, Sections 39 and 42 of CPC, read with High Court Rules, support the transfer to an appropriate court – Transfer necessary due to withdrawal of the original court for administrative reasons – Jurisdiction correctly exercised by District Judge. [Paras 8-10]

Decision – Dismissing Revision Petition – Court upholds District Judge’s order transferring execution proceedings to the Additional Civil Judge (Senior Division) – Jurisdiction correctly exercised to ensure timely execution of decrees – Petition dismissed, execution to proceed expeditiously. [Para 11]

Criminal Law – Honour Killing – Formation of SIT – Petitioner married inter-caste and his wife was abducted and later killed – Complaint named eleven suspects, but no action taken initially – Police later registered a case and charged five individuals – Petitioner sought investigation by a senior officer of SSP rank – Held, inter-caste marriages must be supported by law enforcement – Directed DGP to form SIT with SSP to lead investigation due to initial police laxity – SIT to assure public confidence by avoiding local influence – Directions for systemic reforms in investigating honour killings provided. [Paras 1-13]

Social Transformation and Legal Enforcement – Analysis – Held – Law must facilitate orderly social transformation, supporting inter-caste marriages and combating honour killings – Economic progress and individual autonomy essential for societal advancement – Law enforcement agencies must protect couples facing threats from familial and societal pressures – Need for compassionate and proactive police support emphasized – Formation of SIT to rectify initial investigation lapses and maintain public trust. [Paras 8-12]

Decision – Allowing Writ Petition – Court directs DGP to form SIT with SSP to investigate the case – SIT to examine petitioner and gather detailed information on suspects – SIT to operate independently of local influence – State to submit progress report and details of systemic reforms to address honour killings – Writ petition disposed with specific directives to law enforcement. [Paras 12-14]

Rent Control Law – Execution of Ejectment Order – Stay of Proceedings – Respondent-landlord filed a rent petition under Section 13-A, claiming he became the owner by a sale deed and required the premises for personal use after retirement – Rent Controller declined tenant’s leave to defend and ordered ejectment – Tenant's revision and SLP dismissed – Tenant filed objections and application under Order 21 Rule 29 CPC to stay execution on grounds of pending suit challenging ownership – Held, once ejectment order attains finality, subsequent objections without merit – Execution proceedings cannot be stayed based on pendency of suit filed after rent proceedings attained finality – Petition dismissed, directing immediate execution with police assistance if needed. [Paras 1-47]

Frivolous Litigation and Legal Ethics – Analysis – Held – Courts must prevent misuse of legal process to delay execution of decrees – Legal professionals have a duty to uphold justice, not support frivolous and obstructive tactics – Frivolous objections waste judicial resources and frustrate decree-holders – Judicial system’s integrity relies on enforcing legitimate orders without undue delay. [Paras 28-33]

Decision – Dismissing Revision Petition – Court directs the Executing Court to expedite execution of the decree and restore possession to the respondent – Police assistance to be provided if necessary – Warns counsel against unethical practices and emphasizes the responsibility of advocates to provide honest legal advice. [Paras 47-52]

Land Acquisition – Oustees Policy – Discrimination – Appellants' land acquired in 1976 for urban estate development – Government policy entitles oustees to preferential allotment of residential plots if they lack other residential properties – Initial applications made in 1981, with further public notices in 1983 – PUDA allotted a 100 square yard plot at 1997 rates (2700/sq yd) to appellants – High Court directs consideration at 1981 rates (85/sq yd) – Appellants' claim denied by PUDA – Held, entitlement to plot size and rates to be based on 1983 policy – Hostile discrimination against appellants in allotment – Appellants entitled to allotment at rates applied to others in 1985-86. [Paras 1-38]

Judicial Review and Policy Adherence – Analysis – Held – State must adhere to rehabilitation schemes for land-losers – Any deviation subject to judicial review – 1983 policy determined plot size based on acquired land area – 1981 policy clause limiting to 200 square yards redundant when determining eligibility in 1983 – PUDA's application of policies inconsistently and discriminatorily invalid. [Paras 19-33]

Decision – Allowing Appeal – Court sets aside lower court’s dismissal of the claim – Directs PUDA to allot plots at the same rates as allotted to other oustees in 1985-86 – Establishes that public authorities must act reasonably and fairly under Article 14. [Para 43]

Regulation of Private Education Boards – Petitioners challenged the amendment to the Punjab School Education Board Act, 1969, Constitutional Law – Right to Trade and Business – Education – asserting it violated Article 19(1)(g) by creating a monopoly favoring the Punjab School Education Board – Held, Article 19(1)(g) is not an absolute right and reasonable restrictions can be imposed in public interest – Ordinance aimed at preventing abuse in education sector and ensuring quality education – CBSE and ICSE recognized due to statutory backing, unlike the petitioner – No infringement of constitutional rights found – Petition dismissed. [Paras 1-21]

Regulatory Measures and Public Interest – Analysis – Held – Regulation of education standards essential to prevent mushrooming of unrecognized institutions – Ensuring quality education justifies restrictions imposed by the Ordinance – Regulatory measures balanced freedom under Article 19 with public interest controls under Clause (6) of Article 19 – Education’s inclusion in the concurrent list allows state legislation on the subject – Ordinance does not exceed legislative competence. [Paras 12-16]

Decision – Dismissing Writ Petition – Court upholds validity of the Punjab School Education Board (Amendment) Ordinance, 2013 – Reasonable restrictions imposed to maintain education standards and prevent misuse – No merit in petitioner’s claim of parity with CBSE and ICSE – Petition dismissed in limine. [Paras 20-21]

Municipal Law – Solid Waste Management – Contract Cancellation – Petitioner No.1, Pollution Control Committee, filed a writ petition to direct the Municipal Corporation for scientific disposal of municipal solid waste and dead animals – Municipal Corporation awarded contract to petitioner No.2 for setting up a solid waste management plant – Lease deed executed but petitioner No.2 failed to obtain necessary clearance from Pollution Control Board – Contract cancelled and lease possession not given – Cancellation challenged on grounds of lack of opportunity for hearing – Held, petitioner No.2 failed to obtain mandatory clearance, rendering the contract cancellation justified – Judicial review of concluded contracts limited unless public law element involved – No merit in challenge to cancellation without possession or proper clearance. [Paras 1-38]

Contractual Obligations – Regulatory Compliance – Analysis – Held – Compliance with Pollution Control Board authorization critical for validity of waste management contracts – Public interest in ensuring environmental safety – Judicial review does not extend to non-statutory contract breaches absent a public law element – Petitioner No.2’s failure to meet basic contractual condition of obtaining clearance justified contract termination – Procedural arguments regarding lack of hearing academic without possession or clearance. [Paras 18, 34, 36]

Decision – Dismissing Writ Petition – Court finds cancellation of contract and lease justified due to non-compliance with regulatory requirements – No merit in procedural arguments – Petition dismissed – Municipal Corporation directed to re-award contract within six months, ensuring compliance with regulatory norms for public safety. [Para 38-39]

Land Acquisition - Determination of Market Value - Appeals - A batch of 226 appeals challenging awards by the Reference Court regarding the market value of land acquired for Jhajjar Thermal Power Plant - Held, Market value must be assessed based on the date of the notification under Section 4 of the Land Acquisition Act, 1894 - Policy dated 06.05.2007 of assessing value on the date of the award, not permissible - Court directed to use the date of notification for calculation - Appeals Allowed in Part, market value reassessed accordingly [Paras 2.1, 3.4, 5.21].

Evidence Admissibility - Analysis - Held, Applications to admit additional evidence allowed - High Court as the first appellate court must reappreciate evidence, ensuring the market value reflects the date of notification under Section 4, not the award date - Discrepancies in Reference Court’s reliance on state policy corrected [Para 5.5].

Decision - Reassessment of Compensation - Court mandates reassessment of market value from the date of notification, rejecting the policy-based approach by the Reference Court - Revised compensation to be determined [Para 5.21].

Land Revenue – Correction of Khasra Girdawari during Civil Suit – Legal Prohibition – The revenue authorities allowed the correction of khasra girdawari during the pendency of a civil suit involving the same land, despite the existence of a status-quo order. – Held: Once a civil suit is pending, and a status-quo order is in place, it is inappropriate and contrary to law for the revenue authorities to make corrections in the revenue records. Such entries would have no bearing on the rights adjudicated by the civil court.

Multiple Applications for Correction – Abuse of Process – The respondents filed multiple applications for khasra girdawari correction after earlier applications were rejected or withdrawn. – Held: Repeated attempts by the respondents to alter the khasra girdawari during litigation are impermissible and amount to an abuse of the process of law. The revenue authorities failed to consider the effect of earlier rejections.

Revenue Authorities and Civil Court Jurisdiction – Pendency of Civil Suit – While the revenue authorities have the duty to maintain accurate records under Section 34 of the Punjab Land Revenue Act, 1887, they must refrain from making changes to khasra girdawari entries when disputes are pending in a civil court, particularly when a status-quo order is in effect. – Held: Revenue authorities cannot pass orders contrary to civil court directions or alter the position reflected in the status-quo order.

Precedents Relied Upon – Reference to Supreme Court and Punjab & Haryana High Court judgments clarified that the pendency of civil proceedings restrains revenue authorities from intervening in matters under adjudication. – Held: The law requires revenue authorities to hold their hands when civil suits are pending, and entries made during such time would be surreptitious and not binding.

Decision: The High Court allowed the writ petition, setting aside the orders of the Financial Commissioner, Commissioner, and Collector. The original order of the Assistant Collector adjourning the application sine die until the resolution of the civil suit was restored.