VIRSA SINGH SARTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - This appeal by special leave is virtually against the decision of a learned single Judge of the Punjab and Haryana High Court which was affirmed by the Letters Patent Bench by a limine order of dismissal.

(2.) The few facts involved are these:

(3.) In view of the afore mentioned facts, we fail to see how the appellant could be deprived the concession of purchasing the excess area if permitted under the Statute, the rules made thereunder and the departmental instructions. It is noticeable that in the meantime the entire properties in the compensation pool came to be vested in the Punjab Government and we are told that a new statute deals with those properties popularly known as "package deal properties". There under as well such right to purchase is protected. Having regard to these state of affairs as also to the fact that the appellant continues to be in possession of the cancelled area, it would be fair, just and proper in the circumstances that he is given an opportunity to purchase the cancelled area on terms as they exist today. In these circumstances, we direct the appellant to formally approach the appropriate authorities within two months from today and make a suitable application and we further direct those authorities that in case such application is made the concession to purchase the area should not be withheld in any circumstance unless there is any embargo on such concessional purchase beyond a certain limit. With these directions, we dispose of this appeal. There shall be no order as to costs.