PIARA SINGH Vs. STATE OF PANJAB

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 21st August, 1989 passed by the High Court of Punjab and Haryana in C.W.P. No. 4692 of 1989 whereby the High Court dismissed the same summarily by upholding the order dated 6-9-1988 passed by the Financial Commissioner Revenue (respondent No. 1), who rejected the Misc. Reh. No. 42 of 1987-88 filed by the appellant under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the "Act").

(2.) The dispute in the present appeal pertains to land admeasuring 2 Kanals 12 Marlas out of Khasra No. 28/23, 24/2 which admeasures 5 Kanals 12 Marlas situated in village Khokhar, tehsil Dasuya, district Hoshiarpur, Punjab. It has been contended that the said land was low-lying land and was classified as "gair mumkin toba" i.e. pond or tank land, which was not cultivated for more than 10 years. That land was evacuee property within the meaning of Section 2(c) of the Act. It is the contention of respondent No. 2 that on 8-12-1959 the Tehsildar (Sales) put up for auction a parcel of land stated to be brick kiln property No. 25, total admeasuring 13 Kanals 10 Marlas, which was "gair mumkin bhatta". According to the appellant, what was auctioned was gair mumkin bhatta land and not the land in dispute which was known as gair mumkin toba. In the said auction, land was purchased by respondent No. 2. On 21st March, 1964 a sale certificate was issued by the H.O. (Sales), Jalandhar of the Rehabilitation Department, Government of India. By some error the name of the village was inaccurately mentioned and the schedule in the sale certificate read "property No. 25 brick kiln situated in village Cholong, district Hoshiarpur". No khasra numbers were given in the original sale certificate to identify the property. It is also admitted position that because of acquisition of the land by the Railways out of the auctioned property, respondent No. 2 was entitled to only a total, area admeasuring 7 Kanals and 6 Marlas. On 17-4-1964 part of this property being Khasra No. 28/17/1 admeasuring 7 Kanals 18 Marlas was mutated in the name of respondent No. 2 for a period of 14 years. Respondent No. 2 remained satisfied with the mutation and took no steps. However, on 22-5-1978 he filed an application for issuance of a corrigendum and the concerned Managing Officer issued corrigendum to the effect that auction land comprised "Khasra No. R/28/17 total admeasuring 4 Kanals and 14 Marlas in village Khokhar." This corrigendum was issued after a site report from the Tehsildar (Sales), Hoshiarpur.

(3.) It is the contention of the appellant that the land in dispute Khasra No. R-28/23, 24/2 was also evacuee land and in 1978-79 the appellant was inducted as a tenant. At the time of grant of such land to the appellant, it has been recorded as low-lying waste land (pond land) which appellant levelled, fertilised and irrigated to make it fit for growing green fodder and thereafter in 1985 onwards the appellant was growing sugarcane thereon.