MAHABIR PARSHAD Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) This order shall dispose of aforementioned two appeals i.e. L.P.A. No. 18 of 1993 arising out of C.W.P. No. 5518 of 1991 and L.P.A. No. 19 of 1993 arising out of C.W.P. No. 18950 of 1991, directed against the common judgment passed by the learned Single Bench on 09.04.1992. However, for facility of reference, the facts are taken from L.P.A. No. 18 of 1993. Challenge in the writ petition is to the order dated 11.12.1990 passed by the Financial Commissioner, Haryana, wherein it was held that though after the death of land-owner, the surplus area is required to be redetermined in terms of Section 10A(b) of the Punjab Security of Land Tenures Act, 1953 (for short 'the Act'), but such re-opening shall be after invoking the powers under Section 5C of the Act, as the original landowner has failed to furnish the declaration under law.

(2.) The brief facts leading to the present appeal are that one Suraj Mal was owner of land situated in Villages Bharokha, Shamsabad, Kharian, Shergarh, Dhanar, Harni and Majukhera. He did not furnish any declaration as required under the Act before he died on 16.01.1969. The Collector has not passed any order declaring any land of Suraj Mal as surplus before his death or even thereafter. However, on 02.02.1970, the sitting tenant on the land owned by Suraj Mal filed an application for purchase of land under Section 18 of the Act. It was asserted that the land-owner has not filed declaration under the Act and he had more than 60 acres of land on 15.04.1953, therefore, the purchase application should be allowed keeping in view the non-filing of declaration and his land holding on the appointed date.

(3.) The Collector passed an order on 16.03.1979 on the declaration submitted by Tara Chand son of Suraj Mal to the effect that on scrutiny of declaration form submitted by the land-owner, the land is less than the area of one unit and, thus, no further proceedings are required to be taken on such declaration form. Another declaration was filed by Mahabir Parsad another son of Suraj Mal before the Collector, Sirsa, as he was holding land in Sirsa and Dabwali Sub Divisions. He sought one primary unit and two additional units in view of his land holding measuring 490.11 acres of 'C' category on the prescribed date i.e. 24.01.1971 under Section 9 of the Haryana Ceiling on Land Holdings Act, 1972 (for short 'the Ceiling Act'). On 15.05.1984, the Collector passed an order holding that there is no surplus land in possession of the land-owner. It was also ordered that in case there is any surplus declared under the Act, then that will remain so and will be utilized as per Utilization Scheme.