WING COMMANDER PARAMPRIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed by Wing Commander Paramprit Singh under Articles 226 and 227 of the Constitution of India for quashing the orders Annexures P-4 to P-6 with directions to re-process the matter for surplus area of the petitioner in accordance with law.

(2.) THE facts giving rise to this petition are that the petitioner owns land measuring 29 Kanala 01 Marla at village Vadala, 58 Kanals 18 Marlas at village Boot, 31 Kanals 02 Marlas at village Basti Bawa Khel and 10 Kanals 6 Marlas at village Garha. The Sub Divisional Officer (Civil), Jalandhar as Collector Agrarian decided the surplus area case of petitioner vide order Annexure P-1. On the basis of classification, the area of 129 Kanals 7 Marlas was converted into first quality land of 6.05 hectare. The land measuring 226 Kanals 7 Marlas was converted into first quality area of 8.78 hectares. The total first quality land was assessed at 14.83 Hectares. An area of 7 Hectares was allowed to the petitioner as his permissible area and the balance area of 7.83 Hectares was declared as surplus vide Annexure P-1. Feeling aggrieved with order, Annexure P-1, the petitioner filed an appeal, which was dismissed vide order, Annexure P-2 by the Commissioner, Jalandhar Division. He went up in revision, which also met failure vide order Annexure P-3. He filed CWP No. 331 of 1979 for quashing Annexures P-1 to P-3, which was dismissed in limine vide order dated 25.4.1979. He preferred Special Leave Petition. The Apex Court partly allowed Civil Appeal No. 2998 of 1979 and remitted the case back to the Collector Agrarian, Jalandhar vide order dated 23.10.1979 reproduced in Annexure P-4. After remand, the Collector, Jalandhar decided the case again vide order dated 28.2.1980 and maintained the earlier order, Annexure P-1. An area of 7.83 Hectares of first quality was declared surplus. The petitioner preferred an appeal against the order dated 28.2.1980 before the Commissioner, who allowed the same vide order dated 2.12.1980 and remanded back the case to the Collector for fresh decision with the direction to offer proper and reasonable opportunity to the petitioner as directed by the Apex Court, to make selection of his permissible area. After remand, the Collector decided the matter again vide Annexure P-4 dated 30.6.1981 and rejected offer of area to be taken in surplus pool made by the petitioner and declared the same field numbers of 7.83 Hectares of area as surplus as had been declared vide order dated 28.2.1980. He filed an appeal against order Annexure P-4, which was dismissed vide order Annexure P-5 dated 20.5.1983 by the Commissioner, Jalandhar Division. The orders Annexures P-4 and P-5 were challenged by way of revision before the Financial Commissioner, Punjab, who dismissed the same vide order Annexure P-6 dated 11.8.1983. In this petition, these orders Annexures P-4 to P-6 have been sought to be quashed on the grounds mentioned in it.

(3.) I have heard learned counsel for the parties. Mr. L.N. Verma, Advocate appearing on behalf of the petitioner urged with great eloquence that the order dated 23.10.1979 of the Apex Court has not been complied with in letter and spirit. Literally, the requisite area of 7 Hectares had already been allowed to the petitioner vide order Annexure P-1. Yet, the Apex Court remitted the matter back to the Collector with a direction to afford reasonable opportunity to the petitioner to submit his choice of permissible area. The area of 7 Hectares allowed vide Annexure P-1 was neither of first quality nor of his choice. Almost, the entire land of the petitioner has been evaluated as first quality land, whereas a lot of his area is Barani, Banjar and Gair mumkin as is evident from Jamabandi for the year 1963-64, Annexure P-8. It is well settled that such land is not land and has to be excluded and cannot be computed towards total holding of the land owner for the purpose of determining his status and surplus area in his hands. The reference may be made to the observations made by the Apex Court in re : Munshi Ram etc. v. The Financial Commissioner, 1979 Punjab Law Journal 182 and Ajmer Singh and others v. State of Haryana and others, 1990 Punjab Law Journal 116.