AMAR NATH (DIED) Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) Amar Nath & Others through present petition filed by them under Article 226 of the Constitution of India, seek setting aside of orders, (Annexures P-9) dated May 27, 1980, passed by the Financial Commissioner exercising the power of the Central Government under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, vide which order passed by the Chief Settlement Commissioner (Annexure P-7) dated August 26, 1974 was modified. Brief facts of the case need a necessary mention.

(2.) Petitioner Nos. 1 and 2 and deceased father of petitioner No. 3 alongwith one Tirath Ram, brother of petitioner Nos. 1 and 2, were allotted evacuee land in lieu of land left by them in village Rao Bag Mal, Tehsil Chhiniot, District Jhang (area now forming part of Pakistan). It is pleaded that the allottees aforesaid had left two categories of sub-urban land in village Rao Bag Mal, one consisting of area which irrigated by their old wells Chah and Ghuguwala etc. (with Persian wheels) and that area was shown as Chahi in the jamabandi. The other category was of the area comprised in Khewat Nos. 27, 28, 29, 30 and 57. Further, petitioner had set up two double set tubewells for irrigation purposes under the State Government Scheme contained in para Nos. 504, 504-A and 505 of the Land Resettlement Manual, according to which any person who reclaimed and brought under cultivation any Banjar and unirrigated area by providing means of irrigation at his own costs, was entitled to remission of land revenue for a period extending upto 40 years. Relevant para 504-A read thus:-

(3.) Perusal of order, Annexure P-7 accepting the review application of the petitioners would reveal that the Chief Settlement Commissioner had relied upon a copy of letter sent by the Welfare Director of Army in 1945 which was addressed to the Deputy Commissioner, Jhang wherein it was mentioned that agricultural land situated in village Rao Bag Mal was being irrigated through Krishanwala well. He also relied upon an order of the Industrial Claims Officers wherein it was certified that the petitioners had electric connection for irrigation purposes and not for industrial purposes in Pakistan. He also relied upon a copy of letter received from M/s Burmah Shell in Pakistan wherein it was certified that the company was supplying regular quota of oil to Amar Nath who was the eldest brother and the same was being used for the purpose of irrigating the land. Not only that the Chief Settlement Commissioner also relied upon revenue records and in particular, the entry which reads 'SALIM JAMA CHAHI MAAF'. The land revenue was exempted as under the scheme, relevant paragraph of which has been reproduced above; those who had put their entire land into irrigation, were not required to pay the land revenue for the period between 30 to 40 years. There was a mortgage deed available which was produced by Amar Nath after redeeming the land from mortgage which in clear terms shows that the land mortgaged was Chahi. There was, thus, ample evidence available before the Chief Settlement Commissioner to hold that the entire land was Chahi and on account of this fact alone even earlier the petitioners were given the additional land, as has been mentioned above. The learned Financial Commissioner on mere conjectures and surmises came to the conclusion that only fifty acres of land of petitioners could be irrigated. While dealing with the matter, this is how he proceeded:-