SHAM LAL Vs. F.C. PUNJAB

JUDGEMENT

(1.) WE have heard the learned counsel for the petitioner at length and perused the paper book.

(2.) A perusal of the record shows that the petitioner is a retired Havaldar and in recognition of his services to the country he was put in possession of waste land measuring 43 kanals 11 marlas in Village Zaffarwal, Tehsil Zira District Ferozepur, on the basis of the policy decision dated 17.12.1965. This land was given to the petitioner on the basis of the policy which contains inter alia the following conditions :-

(3.) LEARNED counsel for the petitioner has vehemently argued that under Condition No. 4, it was not necessary for the petitioner to exercise the option within the period of five years. The petitioner could have exercised the option at any time. He further submitted that the petitioner was unable to give the option as in the meantime he had been entangled in Civil Litigation by respondent No. 4 who had tried to forcibly take the possession of the land during the period of terrorism in the State of Punjab. This litigation and the correction of revenue entries on the basis of the judgment in favour of the petitioner came to an end on 20.11.1988. Therefore, the petitioner was justified in exercising the option on 16.12.1996. It is further submitted by Mr. Joshi that the land was rightly allotted to the petitioner as nothing was due to be paid to the State under the lease executed on both the occasions.