HARCHARAN SINGH Vs. THE PUNJAB STATE AND ORS.

JUDGEMENT

(1.) THE only point which has been urged in this petition is that the Collector Karnal had no warrant to review his previous order varying to the Petitioner's detriment the declared surplus area from about four ordinary acres to twenty standard acres.

(2.) IN the order passed on 26th of May, 1960 (Annexure A), it was stated by the Collector that Harcharan Singh owned 70 standard acres and 12 units equivalent to 104 acres, 2 kanals and 15 marlas of land on 15th of April, 1953. Being a displaced person the permissible area allowed to him under Clause (a) of Sub -section (3) of Section 2 of the Punjab Security of Land Tenures Act, 1953, is "fifty standard acres or one hundred ordinary acres, as the case may be". Calculating the holding in ordinary acres the surplus area declared by the Collector in this order was 4 acres, 2 kanals and 15 marlas. Subsequently, in his order of 12th of October, 1960, the Collector took into reckoning the standard acres of the land owned by the Petitioner and on this calculation it was found that 20 standard acres and 12 units of his land was surplus.

(3.) I take Sub -clause (a) of Clause (ii) of the proviso to mean that if the holding is in terms of standard acres it shall be the land in standard acres which would be taken into account in computing the surplus area and it is only when the standard acreage has not been computed that the holding may be reckoned in terms of ordinary acres. It seems that the allotment in favour of the Petitioner was made in terms of standard acres and it is the standard acreage which should be taken into account. The words "as the case may be" in the end of Sub -clause (a) of Clause (ii) of the proviso provide a key to the intention of the legislature. When the acreage is in terms of standard acres this will govern the calculation of permissible area.