HARBHAJAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 21.09.2001 of the Division Bench of the Himachal Pradesh High Court in Civil Writ Petition No. 438 of 1999 filed by the appellant (Harbhajan Singh).

(2.) The relevant facts very briefly are that on 03.10.1986, the Director of Land Consolidation Department, Government of Himachal Pradesh, issued a notice under Section 14 of the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971 (for short Rs. the Act) declaring that in the interest of general public and better cultivation of agricultural land, the Government has made a plan for land consolidation of 14 villages including Revenue Estate Damtal Khas. In Revenue Estate Damtal Khas, the appellant (Harbhajan Singh) and the respondent No. 2 (Mandir Damtal) owned land. The land of the appellant was valued at 1 anna. The Appellant filed objections saying that his land was located on the road side and was of much higher value considering its commercial importance. The Consolidation Officer in his order dated 15.12.1986 held the objection of the appellant to be correct and ordered the value of the land to be 16 annas. There was a proposal during the consolidation proceedings for exchanging the land of the appellant in khasra No. 171/1 with the land of respondent No. 2 in khasra No. 171. The value of the land of respondent No. 2 in khasra No. 171 was proposed as 16 annas and the appellant objected to this valuation saying that the value of the land of respondent No. 2 in khasra No. 171 should be 1 anna only. By order dated 01.04.1988, the Land Acquisition Officer held that the correction of valuation of the land of respondent No. 2 in khasra No. 171 was beyond his jurisdiction. The appellant filed an appeal before the Settlement Officer who by order dated 19.05.1989 gave some additional land to the appellant but did not change the valuation of the land of respondent No. 2 in khasra No. 171 to 1 anna as claimed by the appellant. The appellant then filed a revision before the Director of Consolidation under Section 54 of the Act and the Additional Director (Consolidation) by his order dated 15.07.1996 set aside the order dated 19.05.1989 of the Settlement Officer and held that it was not justified to give the same value to khasra No. 171 and khasra No. 171/1. The Additional Director further held that as a result of correction of the valuation of the land, the net deficiency in allotment of area to the appellant comes to 3-87-47 hectares standard area and the excess of area of respondent No. 2 comes to 3-51-81 hectares standard area and, therefore, the excess area allotted to respondent No. 2 is to be excluded from the area of respondent No. 2 and is to be included in the holding of the appellant to make his deficiency in the allotted area. This order of Additional Director (Consolidation) was given effect to by the Consolidation Officer in his order dated 28.12.1996.

(3.) The order dated 15.07.1996 passed by the Additional Director was challenged by the lessees of land of respondent No. 2 (for short Rs. the lessees) in a Writ Petition C.W.P. No. 33 of 1997. The lessees withdrew C.W.P. No. 33 of 1997 and filed a fresh writ petition C.W.P. No. 185 of 1997 challenging the order dated 15.07.1996 of Additional Director. By order dated 26.05.1997, the Division Bench of the High Court dismissed C.W.P. No. 185 of 1997. The lessees filed Review Petition No. 26 of 1997 which was dismissed by the Division Bench of the High Court on 23.06.1997. The lessees filed Special Leave Petitions (C) No. 17105 and 17106 of 1997 before this Court and by order dated 22.09.1997 this Court dismissed the special leave petitions. On 27.09.1999, however, the State Government of Himachal Pradesh issued a notification under Sub-section (1) of Section 16 of the Act cancelling the declaration dated 03.10.1986 of the Director, Land Consolidation Department, Government of Himachal Pradesh, under Section 14 of the Act to the extent the declaration related to Revenue Estate Damtal Khas. As a consequence, Revenue Estate Damtal Khas ceased to be under consolidation operation with effect from 27.09.1999. Aggrieved, the appellant filed Civil Writ Petition No. 438 of 1999 challenging the notification dated 27.09.1999 in the High Court of Himachal Pradesh and by the impugned judgment and order, the Division Bench of the High Court dismissed the writ petition.