MANJIT KAUR Vs. COLLECTOR, PATIALA

JUDGEMENT

(1.) This is a petition under Rule 14 of the Nazool Land (Transfer) Rules, 1956, against the order (1.12.95) passed by the Collector, Patiala.

(2.) THE brief facts of this case are that State Govt. allotted Nazool land measuring 812 bighas 4 biswas comprised in Khatauni No. 51/88 to 96 khasra Nos. 369 to 385, 406, 423, 693 to 828, 1513 to 1536, 1564 to 1569/1, 1570 and 1571 situated in village Basoli Tehsil Rajpura on 15.5.58 to the Scheduled Castes Land Owning Cooperative Society Ltd., Basoli (hereinafter called the Society). Sale Certificate was issued to the Society on 23.2.82 on the condition that Society shall not alienate the land for the period of 10 years. Its alienation thereafter shall be restricted only to the members of Scheduled Castes.

(3.) SH . H.N. Mehtani, Advocate, counsel for the petitioner argued that the society leased out the part of this land measuring 389 bighas 17 biswas to the petitioner vide resolution No. 3 dated 6.7.85 vide lease deed (10.12.85) against valuable consideration for a period of 40 years through Labh Singh etc. The Collector has cancelled the allotment of land in favour of society on 1.2.95 finding the violation of Rule 7.1 of the Nazool Land (Transfer) Rules, 1956 without issuing any notice to the petitioner. By passing the impugned order without affording an opportunity of hearing to the petitioner, the Collector has grossly violated the principles of natural justice and the order was liable to be set aside, the counsel contended that the impugned order is totally contrary to law and provisions of the Rules. The impugned order is purported to have been passed on the basis of violation of Rule 7 of the Rules which read as under :- Bar of alienation 1) No Cooperative Society to which land has been transferred shall at any time before the last instalment of price has been paid except with the express permission in writing of the State Government alienate whether permanently or temporarily, the nazool land transferred to it. Provided that in granting permission the State Government shall have regard to the general interests of the Cooperative Society. 2) Where State Government permits a Cooperative Society to permanently alienate the nazool land transferred to the society, the provisions of Rule 4 shall not apply in respect of such land." This rule clearly holds that the permission of the State Govt. to alienate the nazool land is required only if the transfer is made before the last instalment of price has not been paid. In the present case the last instalment of the price of the land allotted to the respondent No. 2 was paid by 1.2.67. Therefore, the Society was not required to take permission of the State Govt. before granting the lease of the land in dispute to the petitioner. An absolute right and title in the land allotted to the Society had passed to it. The respondent-Society was full owner of the aforesaid nazool land and was free to deal with it in any manner. The impugned order, is, therefore, not sustainable in the eyes of law as the Society did not permanently sell/transferred the land to the petitioner and only leased out the land for 40 years which is not the violation of Rule 7.1 of the Rules. The powers of cancellation of allotment of Nazool Land has been given to the Collector under Rule 9(A)(i) of the Rules only in the event of failure to make the payment of two instalments of the price. In this way the Collector has exceeded his jurisdiction in cancelling the transfer of land on lease to the petitioner. The counsel averred that High Court has consistently laid down the law that no orders adverse to the interest of a person can be passed without affording him/her an opportunity of being heard. In any event the land in dispute has been validly and legally leased out to the petitioner in accordance with law the Collector could not cancel the said lease. If any breach of the condition of the lease is committed the Society can approach the civil court for cancelling the lease. The counsel urged that the Collector became functou officio when the Nazool Land had been allotted/transferred to the Society under the rules and last instalment towards the price of the land was paid by the Society. The revision petition be accepted and impugned order 1.2.95 also be set aside and lease of land for 40 years be affirmed.