MILKHI RAM Vs. FINANCIAL COMMISSIONER (REVENUE) PUNJAB

JUDGEMENT

(1.) An area measuring 16 Kanals 14 Marlas (hereinafter to be called the suit land) originally owned by Bari Doab Bank Limited, out of its total area, was declared surplus under the Punjab Security of Land Tenures Act, 1953 (hereinafter to be called the Act) by the Collector, Hoshiarpur, by his order dated 17th March, 1961. Thereafter the suit land was sold to respondent Nos. 5 to 7 by means of a registered sale deed dated 29th July, 1961, by the said Bank. The petitioner was resettled as a tenant on the same under the Utilisation of Surplus Area Rules on 14th September, 1962, and possession thereof was given to him on 23rd October, 1962. After the expiry of 6 years the petitioner filed an application under Section 18 of the Act for purchase of the tenanted land on 29th October, 1968, before the Revenue Authority concerned. Another application for ejectment of the petitioner on the ground of non-payment of rent was also filed by the transferees-respondent Nos. 5 to 7. These two petitions remained pending at one stage or the other under the orders of the Revenue Authorities. Ultimately purchase application of the petitioner was allowed by the Collector by his order dated 26th June, 1972 (Annexure Q) and ejectment application filed by the transferees was dismissed by the Assistant Collector by his order dated 8th February, 1972 (Annexure M). The order dismissing the ejectment application was rendered final as no appeal or revision was filed by the transferees-owners. In pursuance of the order of the Collector allowing the petitioner to purchase the land under his tenancy, he paid first instalment of the amount of compensation as determined on 27th August, 1973.

(2.) Meanwhile the suit land was acquired by the Government under Sections 4 and 6 of the Land Acquisition Act by two notifications dated 15th October, 1971, copies of which are Annexures N and O annexed with the petition respectively. As a consequence the order of the Collector allowing the petitioner to purchase the suit land was set aside by the Additional Commissioner, Jullundur, in appeal filed by the transferees-owners by his order dated 26th April, 1973 (Annexure S) on the ground that as a result of acquisition of the suit land by the Government, suit land had vested in the Government and the petitioner could no more be treated as a tenant and as such had no right to purchase the same. Revision petition filed by the petitioner against this order was also dismissed by the Financial Commissioner, Revenue by his order dated 5th August, 1973 (Annexure T) on the identical ground.

(3.) It is also the case of the petitioner that after the acquisition of land, award was made by the Collector Land Acquisition respondent No. 9 determining the amount of compensation of the suit land without notice to the petitioner. On coming to know the compensation proceedings, the petitioner filed an application (Annexure YX) to respondent No. 10 on 30th August, 1973 for apportionment of the amount of compensation between the petitioner as tenant and transferees-owners and not to pay the amount of compensation to the latter without deciding the question of apportionment. Without hearing the petitioner, the said application was filed and information of this effect was conveyed to the petitioner by means of an order dated 1st November, 1973 (Annexure Z/1).