MADAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of order dtd. 28/7/1988 passed by Financial Commissioner, Haryana.

(2.) Narain Dass son of Malawa Ram (for short 'landowner') migrated from Pakistan. He had land in Pakistan. In lieu of land in Pakistan, he was allotted land in Village Kabral and Village Bagla, Tehsil and District Hisar besides land/plot in Cooperative Garden Colony Society Limited, Hansi, District Hisar (for short 'Society'). The said Society was registered on 25/3/1950 by Additional Registrar, Cooperative Societies, Punjab Rehabilitation Department, Jalandhar. The aforesaid Society did no fall within the purview of Punjab Security of Land Tenures Act, 1953 (for short '1953 Act').

(3.) The Collector (Surplus Area), Hisar vide order dated surplus land. The landowner preferred an appeal which was accepted vide order dtd. 12/2/1962 and matter was remanded to the Collector. The Collector again vide order dtd. 31/7/1962 declared 0-49 ordinary acres as surplus after allowing 100 ordinary acres as his permissible area and leaving 51.70 ordinary acres as tenants' permissible area. The landowner again filed appeal which was dismissed vide order dtd. 21/1/1964 by Commissioner. The landowner preferred revision which was dismissed by Financial Commissioner on 28/3/1966. The landowner filed CWP No.1828 of 1966 which was allowed vide order dtd. 18/12/1970 passed by this Court. This Court held that landowner was allotted land in standard acres, thus, he should be given his permissible area in standard acres. The Collector was asked to re-determine surplus area. The Collector (Surplus Area), Hisar took up the matter and concluded that there was no surplus area with Narain Dass-landowner. He gave 50 standard acres to landowner as his permissible area. His total holding was assessed as 57 standard acres 4 Units. 1 standard acre 7 1/2 units was found Banjar Land. 0.2 standard acres was found gair mumkin and balance 5 standard acres 10 units as tenants' permissible area. He also found that 6-4 standard acres of land was under the Society and this land was excluded from the holding of Narain Dass as 1953 Act is inapplicable to land of Society.