DHARAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The grouse of the petitioners in this Writ Petition is that the Collector, Additional Commissioner as well as the Financial Commissioner while declaring the surplus area of land of the petitioners had not calculated the permissible area under Section 5 of the Punjab Land Reforms Act, 1972 qua projected intensity of irrigation of the land while converting into first quality land in accordance with Rules 8 and 9 read with Schedule 2 of the Punjab Land Reforms Rules, 1973 and that as the surplus area of the petitioners declared under the Punjab Security of Land Tenures Act remained unutilized till the filing of the writ petition, the land owners are entitled to choose their permissible areas for themselves as well as for their adult sons and family members under Sections 5 and 7 of the Land Reforms Act.

(2.) The brief resume of the facts relevant for the decision of the writ petition is that Dharam Singh petitioner is the original owner of land measuring 1311 Kanals 14 Marlas located in the revenue estate of village Jandpur, Bani Lodhi, Panjore, Hara and Ranipur in Tehsil Pathankot, Distt. Gurdaspur. The Collector Agrarian vide his order dated January 18, 1960 passed under the Punjab Security of Land Tenures Act declared 40 standard acres and 11-1/2 units out of this area as surplus. According to the petitioners the so-declared surplus area remained unutilised till the filing of this writ petition. Thereafter, the Punjab Land Reforms Act, 1972 came into force with effect from 24.3.1973. Dharam Singh petitioner only filed a declaration independently in form A under Rule 5 of the Punjab Land Reforms Rules, 1973 declaring that he owned 1311 kanals 14 marlas of land in village Jandpur and had three adult sons.

(3.) The Collector Agrarian after re-hearing the parties and examining the record again decided the case of the petitioners on January 17, 1978 vide order Annexure P-1 holding that the surplus area in the Lands of Dharam Singh was 40 standard acres and 11-1/2 units while in the hands of Karam Singh and Balram Singh petitioners it was 11-1/2 hectares in all. The Collector Agrarian, however, upheld the transfer of land by Dharam Singh petitioner in favour of his sons Karam Singh and Balram Singh petitioners in the year 1950 i.e. before the Punjab Security of Land Tenures Act, 1953 came into force. The land owners then went in appeal before the Additional Commissioner against tha above referred order of the Collector. The Additional Commissioner vide his order Annexure P-2 dated December 6, 1978 rejected their appeal in entirety. The petitioners then went in revision before the Financial Commissioner Revenue which was disposed of vide order Annexure P-3 dated January 17, 1980 and it was held after examining the report of the Collector Agrarian Annexure P-5 that the Collector had rightly worked out the first quality of land on the basis of 45% projected invoked the extra-ordinary writ jurisdiction of this Court under articles 226 and 227 of the Constitution of India on the above referred grounds.