KHAZAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The facts of question in these writ petition Nos. 2881, 2962, 2963, 2964, 3019, 3020, 3021, 3197, 3233, 3278, 3279, 3287, 3288, 3289, 3290, 3291, 3346, 3347, 3348, 3402, 3403, 3490, 3491 to 3501, 3533, 3534, 3547, 3566, 5093, 5308 of 1987 and 2980, 6258 to 6269 and 6307 of 1988 are identical. We, therefore, propose to dispose of all of these by this common judgment.

(2.) The petitioners are challenging the action of the respondents in dispossessing them from the land and refusing them the purchase of the same. The facts are drawn from Civil Writ Petition 2880/1987.

(3.) According to the allegations in the petition, the petitioner belongs to Rai Sikh community. After migration from Pakistan, he settled at Village Bhamba Watu Hithar, Tehsil Fazilka, District Ferozepur. The Chief Settlement Commissioner, Government of India, Ministry of Rehabilitation, New Delhi, vide his letter No. 1(7)45 S.III/Pol.II/Lands Dated 14th March, 1961, Annexure P.1, informed the Secretary to Government of Punjab, Rehabilitation Department, Jullundur that the Central Government had decided to transfer to the Punjab Government an area measuring 32419 acres 1 kanal 5 marlas of evacuee land, situated within five miles of Indo-Pak border along the Districts of Ferozepur, Amritsar and Gurdaspur at a cost of Rs. 1,41,583.29. The Central Government called upon the State Government to deposit the amount within one month. The ban imposed on the alienation of the land was also withdrawn. The Governor of Punjab accorded sanction for this expenditure. The Under Secretary to Government of Punjab, Revenue Department conveyed the decision, manner and instructions regarding the disposal of the land to the Deputy Commissioners of Ferozepur, Amritsar and Gurdaspur, vide Memo No. 3355/JN(IV)-62/2339 dated 11th May, 1962, Annexure P.3. These are to the effect that the land was to be leased out for 10 years at the rate of 10 Acres of Banjar land per family of Rai Sikhs and Ex-Servicemen in Ferozepur District and Ex-Servicemen in Amritsar and Gurdaspur districts, subject to the condition that those persons were landless and actual tillers of the soil. The claims of the sitting tenants (authorised or unauthorised prior to Rabi 1964) who had made the land cultivable with their efforts, should also be considered for allotment if eligible. After expiry of 5 years, the lessees were given the option to purchase the land at the rates mentioned in paragraph 4 of Annexure P.3. In each district, committees headed by the Deputy Commissioner were formed for leasing out the land. The petitioner took the land, measuring 40 kanals, as detailed in paragraph 5 of the petition. Similarly, the other Rai Sikh families also entered into possession of the land as lessees. Under the terms of the lease, the petitioners could purchase the land in their possession at the rates, mentioned in Annexure P-3, as they were qualified to do so. The Under Secretary to Government of Punjab, vide his memo No. 7841/JN(IV)61-2699 dated 29th Aug., 1971, Annexure P-4 to all the Deputy Commissioners in the State, conveyed order of the Government about the disposal of interior evacuee land purchased by it from the Central Government. It was also mentioned therein that the inferior evacuee land, situated in the aforesaid three districts, along the border, would be utilised for the purpose of allotment to those persons who were to be given land under the Indo-Pak agreement. However, any area left unutilised would be utilised for resettlement of Rai Sikh families of Ferozepur District and suitable persons of border area of Districts Gurdaspur and Amritsar and Ex-Servicemen. When the District Administration started giving the land to the persons who were not entitled to the same, Ranjha Singh, President of Rai Sikh community made a representation dated 30th Oct., 1979, to the Commissioner, Ferozepur Division, Ferozepur, Annexure P-5, requesting him to restrain the District Administration from illegally transferring the land to those persons who were not entitled to allotment, because the land was meant for allotment amongst the Rai Sikhs of Ferozepur District on the basis of Annexure P-3 and P-4. No response was, however, received from the Commissioner. Shri Ranjha Singh etc. then made representation dated 17th Sept., 1980 to the Revenue Minister, Punjab, copy Annexure P-6 stating therein that the Deputy Commissioner had, in an illegal and arbitrary manner, ordered taking over the entire area under their cultivation and other similarly placed persons. The Deputy Commissioner had deputed the Tehsildar, Fazilka to dispossess the petitioners forthwith, without issuing a notice or affording an opportunity of hearing against the proposed action. Other persons, similarly situated, had approached the Deputy Commissioner for obtaining copies of the aforesaid orders passed by him against them, but the same were not made available. Enquiries from the office of respondent No. 2, revealed that their dispossession from the land was imminent. They were lessees and in possession of the land prior to Rabi 1964 and were eligible to purchase the same under instructions of the Government and they could not be ejected without an opportunity of being heard.