RAM KUMAR Vs. VED PARKASH

JUDGEMENT

(1.) TWO appeals viz. Executive Appeal No. 28 of 1994-95 Ram Kumar v. Ved Parkash and others, and Executive Appeal No. 40 of 1994-95 Ved Parkash and others v. Shiv Lal were preferred before the Commissioner, Hisar Division under Section 24 of the Punjab Security of Land Tenures Act, 1953 against the order dated 21.10.1994 of Collector, Surplus Area, Siwani vide which an area of 43 bighas 4 biswas situated in village Dariyapur and already declared surplus with the landowner Singh Ram was left under allotment of Shiv Lal, an ejected tenant and allotment in favour of Ram Kumar to the extent of 15 bighas of surplus land was cancelled. The Commissioner, Hisar Division heard all the concerned parties and vide his order dated 17.5.1995 has recommended the case to the Financial Commissioner for setting aside the orders dated 21.10.1994 passed by the Collector, Surplus Area, Siwani and allowing the landowner an area of 30 Acres or 60 ordinary acres and ordering allotment of remaining land of the landowner to the ejected tenants. The Commissioner has also recommended that Shiv Lal and Ram Kumar be dispossessed from the disputed land only when they find resettlement on the equivalent area of big landowners.

(2.) THE learned counsel for Ram Kumar allottee argued that Ram Kumar was allotted land in the year 1975 and has been in possession of the surplus land of the landowner since then. He should not be dispossessed from the land in question till he is resettled on an equivalent area as has been recommended by the Commissioner, Hisar Division in his order dated 17.5.1995. He said that surplus area has to be kept intact and the landowners cannot get the status of land changed at this stage.

(3.) THE Deputy District Attorney appearing on behalf of the State argued that equivalent surplus area has to be given to the allottees before they are dispossessed.