BUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition Nos. 5663 and 5029 of 1982.

(2.) The petitioners, in both the cases, seek mandamus directing the respondents to transfer the evacuee lands in their possession to them in accordance with the Punjab Package Deal Properties (Disposal) Act, 1976 and order issued by the State Government vide Memo randum No. 3/7/78. LR(1)/14629 dated July 10, 1979.

(3.) The petitioners claim that they owned agricultural lands in villages Arazi Kassowala, Arazi Saharan and some other villages located across the river Ravi in Tehsil Ajnala on the Indian side of Indo-Pak Border. Because of disturbances, they had to leave their lands on the other side of river Ravi. On their representations to the Government that they should be settled on evacuee lands near the border on this side of the river Ravi, as physically it was the Government of Pakistan, which was virtually having control over the land across the river, the Government took a policy decision in the year 1960 to allot 5 standard area of land to each of the persons having land across the river within 10 miles of Indo-Pak Border. The petitioners were allotted 5 standard acre area of land each, of inferior evacuee land. They settled on this land and cultivated the same without any interruption. The State Government, vide Memorandum No. 7841-JN(iv)-61/2699 dated 29th August, 1961, decided that 12.5 acres of inferior evacuee land be leased out to every family of those Indian oustees who had been uprooted from their land on Indo-Pak Border. The petitioners were not allotted any additional land but they continued to remain in possession of the land either originally allotted to them or later allotted to them in exchange of their original allotment. Vide Memo dated 20th July, 1979 (Annexure P-110), the State Government issued an order that lessees of inferior land, who had obtained lease of the land under the policy laid down during 1961 and who had not purchased the same should be given an opportunity for purchasing the land in accordance with terms and conditions laid down in the aforesaid policy within thirty days of fresh notices to be issued by the Collector concerned. The petitioners contended that they were entitled to transfer of the land in their possession in accordance with the order of the State Government but the respondents were trying to put the land to auction without first offering them and this action of the respondents was illegal, arbitrary, unconstitutional and violative of the provisions of Sections 4(1)(c) of the Punjab Package Deal Properties (Disposal) Act, 1976 . They, therefore, prayed that the respondents be directed to transfer the land which was in their possession to them on the terms and conditions contained in Annexure P-110.