JUGAL KISHORE Vs. REVENUE COMMISSIONER ETC

JUDGEMENT

(1.) The facts giving rise to this writ petition are that Jugal Kishore petitioner and his brother Thakur Mal abandoned land in village Samare Chak 327, Tehsil Lodhran, District Multan at the time of the partition of the country in 1947. They were joint holders in khewat No. 81 of that village. On their filing the claims, due to the inadvertence of the Rehabilitation Department Thakur Mal was allotted 10 standard acres and 2-/1/2 units of land and the petitioner was allotted 3 standard acres and 15-3/4 units at village Rania, Tehsil Sirsa, District Hissar.

(2.) After sometime of the allotment the petitioner started making representations to the Department concerned which tried to deny his legitimate right on the ground of delay. Ultimately on 11th June, 1969, the Assistant Chief Settlement Commissioner, Haryana observed that the petitioner was being denied his right on the ground of clerical error in the records and inadvertence of the share of the petitioner in the land and remanded the case for fresh inquiry. The Assistant Registrar-cum-Managing Officer, Haryana at Jullundur, vide orders dated 30th September, 1969 Annexure 'A' to the petition on taking a fresh account found that the petitioner has been deprived of 2 standard acres and 8-1/2 units of land which was due to him because of the badar of the revenue records. The Department then took steps to take out the land from the share of Thakar Mal after cancelling the allotment to the extent of 61 kanals 7 marlas equivalent to the value of 2 standard acres and 8-1/2 units at the time of original allotment. An application of Thakar Mal to purchase this excess land in his possession at the reserved price was rejected.

(3.) Circumstances changed from the time of the original allotment till 30th June, 1969, when vide Annexure 'A' the deficiency of 2 standard acres and 8-1/2 units in the share of the petitioner was found. Previously the land was barani and during this period it became nehri (canal irrigated), after the canal water from Bhakra Project reached the area and the value of the land for the purpose of valuation of the allotment increased. The Rehabilitation Department decided to allot only 21 kanals and 13 marlas of land in lieu of 2 standard acres and 8-1/2 units as per present value of the land, which is nehri in place of 61 kanals 7 marlas as per valuation of barani land, which was cancelled and taken out of the allotment of Thakar Mal. The reasoning adopted by the Rehabilitation Department and the senior officers upto the Financial Commissioner, Haryana, was that the land is to be allotted to the petitioner at its present valuation.