AJIT KAUR Vs. PUNJAB STATE

JUDGEMENT

(1.) The important question of law which falls for determination by the Full Bench is as to whether the land declared surplus under the provisions of the Punjab Security of Land Tenures Act, (hereinafter called the Punjab Law), but yet not utilised not in possession of the Government at the time of the enforcement of the Punjab Land Reforms Act. 1973, (hereinafter to be called the Act of 1973), was vested in the Government for the purpose of its utilization though on account of the death of the original landowner the entire land including the surplus land may have devolved upon the heirs and in consequence thereof the land in the share of each heir as a result of devolution by law may have been reduced so as to fall within the premissible limit.

(2.) The necessity foe the reference of this question to the Full Bench arose because the correctness of law as enunciated in the Secy. To Government, Punjab, Revenue Department v. Jagar Singh, 1977 Pun LJ 88 : (AIR 1977 Punj & Har 114) was doubted by the learned counsel for the writ petition was argued in the first instance, it was a fit case for re-consideration of the said decision by a larger Bench. In order to appreciate the contentions on both sides in their proper perspective, it is appropriate to bear in mind the legislative history of the land reforms in Punjab.

(3.) After the enforcement of the Constitution of India in 1950, reform in agrarian economy in the country through proper legislation was given top priority. In line with the thinking throughout the country, for the purpose of bringing about land reforms, two laws were brought on the statute book before the re-organisation of the States in 1956. In the erstwhile areas of Pepsu which were subsequently merged with Punjab, the Pepsu Tenancy and agricultural Lands Act, 1955 (hereinafter to be referred to as the Pepsu Law) was enforced with effect from March 4, 1955 whereas in the erstwhile areas of Punjab, the Punjab Law, received the assent of the President on April 15, 1953. A number of amendments were introduced from time to time in both the Laws. Though the merger of Punjab and Pepsu took place with effect from November 1, 1956, yet till the enforcement of the Act of 1973, both these Laws held the field in their respective areas. The scheme of the land reforms, as envisaged in both these laws, was substantially identical inasmuch as ceiling was fixed on land-holdings of landowners who were required to declare their entire land on a prescribed form. The authorities under each Act were prescribed to determine and declare the holding of a landowner within the permissible limit and to declare land in excess of the same as surplus. The landowner before this declaration and determination was giver the right to choose his land out of his total holding as reserved area and was even given the right to get the tenants, if any, ejected from the said land to bring the same under self-cultivation. The tenants who were in occupation of the land under lease were also given protection from ejectment if they complied with the terms and conditions as laid down in each Act. The surplus land so determined was intended to be utililsed for the purpose of resettlement of ejected tenants or, in the alternative, for allotment to landless agricultural workers.