CHANDER KANT Vs. HARLAL

JUDGEMENT

(1.) THIS revision petition has been filed against orders of the Collector Sirsa dated 16.6.1998 in the context of execution of a decree relating to payment of rent. In his orders the Collector has observed that the land in dispute has been declared surplus and therefore no rent is payable. Earlier, in orders dated 3.6.1997 the A.C.-I had observed that the land has been declared surplus vide orders dated 31.8.1993 with effect from 24.1.1971 and therefore no rent could be due for this land in dispute.

(2.) I have heard the counsel for the two parties. It is undisputed that the land in dispute has been declared surplus vide orders dated 31.8.1993 of the Special Collector, Chandigarh. This surplus order has been made under the Haryana Act and therefore as per provisions of Section 12(1) of the Act such surplus land is deemed to have been acquired for public purpose from the date on which it has been declared as such. It is also clear from the above proviso that the rights of the landowner on such land shall stand extinguished only from the date on which the land is declared surplus. Since in this case the decree being executed is dated 13.8.1993 whereas the land has been declared surplus under the Haryana Act for the first time on 31.8.1993, the decree dated 13.8.1993 for payment of rent amounting to Rs. 1,000/- remains executable and it is ordered accordingly. However, since there was a genuine dispute about the legal position, no other expenses beyond the decree amount of Rs. 1,000/- would be payable. With the above directions I set aside the orders of the Collector dated 16.6.1998. To be communicated. Appeal allowed.