GURANDITTA @ GURDIAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a revision petition filed against the orders of Commissioner Hisar Division dated 21.10.94. The petitioner admittedly is a 'CC' category tenant, entitled to allotment of 40 kanals of 'C' category land. Initially vide order dated 19.3.86, 13 kanals 7 marlas of Nehri land was allotted to him. The petitioner made appeal/revision saying that the irrigation intensity ratio of the area in which the land is situated has not been kept in view by the authorities while arriving at the above quantum of allotment. The case was therefore remanded back by the Financial Commissioner vide order dated 12.9.89, for re-decision keeping in view the irrigation intensity ratio of the area.

(2.) INITIALLY the 13 kanals 7 marlas of land was allotted to the petitioner by dividing 40 kanals of 'C' category land by the figure of 3 as indicated in Rule 5(1) of the 1973 Rules. According to the above Rules 1 kanal of Nehri land is equal to 3 kanals of 'C' Category (barani) land. In the above calculation the irrigation intensity ratio of the area was however not kept in view.

(3.) I have considered the facts of the case and have heard the arguments from both the sides. 25 kanals 10 marlas of Nehri land which has been allotted to the petitioner, with 57% intensity of irrigation, as applicable to the area, is equal to 40 kanals of 'C' category land. This has been so checked and confirmed by all the revenue authorities below. This fact is also confirmed from the Illustration No. 1 under Rule 5(2)(a) of the Rules, wherein it is seen that 25 Hect. of 'A' category land (Nehri land) with 57% irrigation intensity ratio is equivalent to 39.24 Hect. of 'C' category land. With the help of this example it would be seen that 25 kanals of such Nehri land would be equivalent to 40.02 kanals of 'C' category land. The petitioner has been variously requesting for allotment of 28 kanals or 38 kanals 13 marlas of land to him without any basis.