SHER SINGH Vs. FINANCIAL COMMISSIONER OF PLANNING PUNJAB

JUDGEMENT

(1.) This is an appeal by certificate against the judgment of a Full Bench of the Punjab and Haryana High Court dated 20th November, 1970. The question involved in this appeal is ingenious but untenable. The question referred to the Full Bench reads as follows :

(2.) On 1st November, 1966, the Punjab Re organisation Act, 1966, (for short, Re-organisation Act) came into force. The State of Punjab was distributed under the Act to the present State of Punjab, State of Haryana, Union Territory of Chandigarh and Union Territory of Himachal Pradesh. In December, 1966, Balwant Singh, his wife and his minor son filed a writ petition for the issuance of necessary directions to the States of Punjab and Haryana restraining them from utilising the surplus area declared by the Special Collector by his order dated 8-11-1960. It is relevant to note here that the original properties that belonged to him fell within the new State of Punjab and the new State of Haryana.

(3.) The matter came before a learned single Judge. The following questions were raised before him : (1) That after the States Reorganisation, persons owning lands both in the State of Punjab and Haryana could claim that they should be allowed permissible area in both the States separately, (2) that orders passed regarding surplus area prior to 1st November, 1986 (1966), and which area had not been utilised till then, should be deemed to have no effect and (3) that the proceedings declaring surplus land were bad for want of notice to the transferees. These contentions were repelled by the learned single Judge.