GOPAL RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Under the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act'), Banjar Qadim and Banjar Jadid land do not fall within the purview of the definition of land under the Act as they are not being occupied or let for agricultural purposes or for purposes subservient to agriculture. These two types of land cannot be taken into account while calculating the permissible area and surplus area under the Act. It has been held by the Supreme Court in a number of judgements that the relevant date for determining permissible area and surplus area under the Act is 15.4.1953. Status of the land owners as small land owners at the commencement of the Act is not altered by the fact that they had brought under cultivation large areas of Banjar Qadim or Gair Mumkin land after the said date.

(2.) We are in agreement with the findings recorded by the Financial Commissioner, Haryana in his impugned order dated 28.10.1993, and hold that alterations or improvements in the quality of land after 15.4.1953, could not have any effect on the application filed by the tenant for purchase of land under Section 18 of the Act. The applications filed by the petitioners have rightly been dismissed by the Financial Commissioner.