CHAMELI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of CWP No. 14772 of 2000-(O&M), CWP No. 8132 of 2001 (O&M), CWP No. 7115 of 2016 (O&M)-and CRM-M-23766 of 2001 (O&M) as common questions of facts and-law arise therein. The facts are being extracted from CWP No. 8132 of-2001 (O&M).

(2.) One Jeta Ram, S/o Tikan Ram was a displaced person from West Pakistan. In lieu of the land abandoned by him in West Pakistan, he was allotted 52 standard acres 2-1/4 units in villages Kohlawas and Lamba, in Tehsil Dadri, District Bhiwani, on 19.04.1952. Said Jeta Ram died on 10.05.1989 and till the time of his death, he never re-agitated any claim regarding the land allotted to him. This signifies that during his life time, Jeta Ram felt satisfied that the area of land allotted to him and the quality thereof compensated him fully for the land abandoned by him in West Pakistan. Almost 42 years later, Harbans Lal Arora, son of aforementioned Jeta Ram submitted an application dated 09.03.1994 (Annexure P-1) to the then Revenue Minister, Haryana, alleging deficiency in allotment of land to his father. According to this application, his father had abandoned 287 acres, 03 kanals and 06 marlas of agricultural land in fifteen villages in two Tehsils of District Muzzafargah in West Pakistan. Tehsil-wise details were mentioned therein. The grievance was that the land abandoned in Pakistan had not been properly classified nor the same had been properly valued. As a result, less land had been allotted to his father and the deficiency be made good. The said application was submitted before the Revenue Minister, Haryana on 15.03.1994, whereupon the then Revenue Minister directed verification of the facts stated in the application and asked for a report to be given within fifteen days. The application was sent to Sh. Didar Singh, Naib Tehsildar (Sales)-cum-Managing Officer (Headquarter), Rehabilitation Department, Chandigarh, who received it on 16.03.1994. He prepared a report dated 30.03.1994 in which he stated that the land abandoned in West Pakistan had not been correctly evaluated, resulting in a shortfall of 13-3/4 units in the allotment of Jeta Ram. On the basis of this report, Harbans Lal Arora submitted a hand written application to the Revenue Minister requesting for additional allotment. Directions dated 22.04.1994 were issued by the Revenue Minister for transfer/allocation of additional land whereupon aforementioned Sh. Didar Singh passed order dated 27.04.1994 (Annexure P-3) recommending issuance of U.O. for additional 13-3/4 units as Jeta Ram's allotment should have been 53 S.A instead of 52 S.A 2-1/4 units. On the very next day, i.e., 28.4.1994, Didar Singh himself issued U.O. of even date for allotment of 13-3/4 units. This U.O. referred to approval of the Government dated 22.04.1994 (which infact was a direction issued by the then Revenue Minister) and further directed that the additional land be allotted in Sale Unit, Karnal/Kaithal. Accordingly, allotment of 10 kanals, 14 marlas of land in village Makhdum Zadgan, Tehsil Panipat, was made on 01.08.1994 by Gurcharan Singh, Tehsildar (Sales) and Parchi allotment was also issued on the same date. Thus, Harbans Lal Arora obtained an additional allotment of 13-3/4 units in a district of his choice under the direct orders of the then Revenue Minister of Haryana.

(3.) Thereafter, Harbans Lal Arora challenged the order dated 27.04.1994 passed by the Naib Tehsildar (Sales)-cum-Managing Officer (Headquarters), Rehabilitation Department, Chandigarh, by way of a revision petition filed under Section 24 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as 'the Act of 1954'), on the ground, inter alia, that less land was allotted to his father in Tehsil Dadri, District Bhiwani because the valuation thereof was not made properly. He also claimed that the valuation of certain land had been made by classifying it as 'banjar kadim' and 'gair mumkin', whereas in fact the said land was "Khajur Garden" allegedly on the basis of a jamabandi, which was attached with the revision petition. This jamabandi mentioned the word "Naklisthan", which means Palm Garden. The only respondent in the revision petition was Naib Tehsildar (Sales)- cum-Managing Officer (Headquarters), Rehabilitation Department, Chandigarh, who was none other than aforementioned Didar Singh. Notice of the revision petition was given to him and he sent a report dated 07.12.1994 stating that in fact, there was a deficiency of 5 standard acres in the allotment of Jeta Ram. This report was based upon change in the valuation of the allotted land in District Bhiwani and it meant to review the order dated 27.04.1994 although, no review petition had been filed. Based on this report, the then Chief Settlement Commissioner, Haryana, passed an order dated 23.12.1994 allowing the revision petition and returning a finding that in fact, Jeta Ram was allotted 48 standard acres against his entitlement of 53 standard acres. There was a net deficiency of 5 standard acres, out of which, 13-3/4 units had been made good by allotment of 10 kanals 14 marlas of land in District Panipat and balance 4 standard acres 2-3/4 units needed to be made good. Further, it was held that the land classified as 'banjar kadim' and 'gair mumkin' should have been classified as "Naklisthan" and the valuation thereof should be re-determined by the Naib Tehsildar (Sales)-cum-Managing Officer (Headquarters), Rehabilitation Department, Chandigarh. This resulted in issuance of another U.O. dated 04.01.1995 for allotment of land measuring 4 standard acres 2-3/4 units in Sale Unit, Karnal. To satisfy this order, allotment of 53 kanals 10 marlas of land was made in village Kabul Bagh, Tehsil and District Panipat on 18.01.1995. Further, Didar Singh submitted a report dated 10.02.1995, inter alia, stating that the land abandoned by Jeta Ram in West Pakistan had been re-valued by considering the 'banjar kadim' and 'gair mumkin' part of it as "Naklisthan" and therefore, an additional entitlement of 5 standard acres was worked out. This report was sent to the Chief Settlement Commissioner, Haryana, who permitted Sh. Didar Singh to pass a quasi-judicial order based upon his report. Consequently, order dated 22.02.1995 was passed holding Jeta Ram to be entitled to another 5 standard acres 2 units of land in Sale Unit, Karnal. A U.O. in respect of this land was also issued on the same date (Annexure P-6). Then, an application dated 02.03.1995 was filed by Harbans Lal Arora, seeking 'transfer' of the allotment from 'Sale Unit Karnal' to 'Sale Unit Gurgaon', which was permitted vide order dated 06.03.1995. An application dated 13.03.1995 was filed by Harbans Lal Arora before the Tehsildar (Sales) Faridabad, for allotment of land in village Sihi, District Gurgaon and on the same date, Sh. Roshan Lal, Kanungo (Sales), Gurgaon, prepared a proposal for allotment of 85 kanals 16 marlas of land in village Sihi. Parchi allotment was prepared on 31.03.1995 and Sanad dated 03.04.1995 (Annexure P-7) was issued by the Tehsildar (Sales)- cum-Managing Officer for Sale Unit, Faridabad/Gurgaon. Symbolic possession was handed over vide Rapat No. 232 dated 10.04.1995, but actual possession could not be delivered as certain persons, who alleged themselves to be Dholidars/Bhondedars were in possession. It is worthwhile to note that allotment made in Sale Unit, Karnal, was transferred to Sale Unit, Gurgaon, even though, 299 standard acres 5-1/2 units barani land, 710 acres zero kanal 4 marlas of gair mumkin land and 240 acres 2 kanal 6 marlas of other land was available for allotment in Sale Unit, Karnal between 4/94 and 4/98.