STATE OF HARYANA Vs. AMRIT KAUR

JUDGEMENT

(1.) THIS is a suo moto Reference filed by the State, under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, against the Order, dated 5.8.1981, passed by the Chief Settlement Commissioner and Order dated 21.9.1993, of the Assistant Registrar-cum-Managing Officer, Haryana, and U.O. dated 6.10.1993.

(2.) THE brief facts of the case are that the land, measuring 4.11 Std. Acres was allotted temporarily to Sunder Singh S/o Chhiber Singh in Village Malkhara, Tehsil Jagadhri, District, Ambala, in lieu of land, abandoned by him in West Pakistan. On receipt from Jamabandi from Pakistan, it was found that he was entitled to 11-1/4 units. Accordingly the Tehsildar (Sales)-cum- Managing Officer, Jalandhar, cancelled the excess allotted land of 3-15-3/4 Std. Acres, vide Order, dated 30.5.1961.

(3.) THE case was heard today. The learned District Attorney who appears on behalf of the State has argued as under :- (i) One Sunder Singh s/o Chibber Singh was allotted land, measuring 4.11 Std. acres, after the partition on oral verification and on temporary basis in village Malkhara of Tehsil Jagadhri of erstwhile District Ambala. (ii) After the receipt of Revenue Record from Pakistan, it was found that excess Allotment to the extent of 3.15-3/4 was made to the original Allottee and it was cancelled on 30.5.1961 and the entitlement of the original Allottee was held to be valid to the extent of 0.11-1/4 units only. (iii) Thereafter in the year 1970, re-assessment in lieu of the land, left in District Hazara of Pakistan was carried by the Department of Rehabilitation and it was found that Sunder Singh deserved 2.7 Std. Acres as additional Allotment, but the case of actual Allotment was dismissed because of Non- appearance of Sunder Singh before the Section Officer-cum-Managing Officer on 11.6.1973. (iv) After a gap of 5 years, Sunder Singh through his GPA, Harnam Singh s/o Budh Ram R/o Taruwala District Ambala, filed a Revision Petition before the Chief Settlement Commissioner in 1978 for Allotment of the Additional Area to the extent of 2.7 Std. Acres and this land was allowed on 5.8.1981. This Allotment was subject to verification of entitlement and surrender of additional allotment, already made in the previous years as Sunder Singh, who was holding 4.11 Std. Acres by virtue of earlier Allotment. (v) On 24.9.1991, the present respondent through her General Power of Attorney, Inder Singh, who is her husband in relation, came to the Court of Assistant Registrar with the prayer that she is actual heir of deceased, Sunder Singh. The Ld. Assistant Registrar, allotted 2.7 Std. Acres of additional area, vide Order dated 27.9.93 and U.O. to this effect was issued on 6.10.1993 by the Assistant Registrar-cum-Managing Officer. The Tehsildar Rehabilitation made a Report on 12.7.1999 that no land had been so far allotted to either Sunder Singh, deceased or his General Power of Attorney, Harnam Singh or Amrit Kaur, who is respondent now. On the basis of above narration of facts, the Ld. District Attorney has contended that Allotment in favour of Sunder Singh and now her Successor, Smt. Amrit Kaur, alleged heir, should be cancelled on ground of non-pursuit of the matter between 1973-78 which is an un-explainable delay of 5 years.