MAYA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shrimati Maya Devi petitioner is a displaced person from Pakistan and was allotted land measuring 785 Bighas 18 Biswas equal to 163.39 ordinary acres in village Allupur, Tehsil Mansa, District Bhatinda. Under the Pepsu Tenancy and Agricultural Lands Act, 1955 (hereinafter called the Act), a displaced person is entitled to retain 40 standard acres or 80 ordinary acres as the permissible area. If 40 standard acres when converted into ordinary acres exceed 80 ordinary acres, he is allowed to retain 80 ordinary acres. As a result of the evaluation, her land was determined as 68.87 standard acres out of which 28.87 standard acres were declared as surplus area by the Collector by order dated November 2, 1960 (Annexure 'A' to the petition). As a result of the consolidation proceedings her holding came down to 148.32 ordinary acres which on conversion were equal to 63.3 standard acres. She sold 4.67 standard acres of land to Bhag Singh and other vendees on June 5, 1957 and claimed that this land should not be counted in her permissible area. She made a will on 20th April, 1958, by which she appointed petitioner Nos. 2 to 4 as her legal heirs after her death and their shares were specified as one-sixth, one-half and one-third respectively. Petitioner No. 2 is the grandson of the real brother of Hari Kishan Dass, husband of Shrimati Maya Devi petitioner and is entitled to succeed to her after her death in accordance with the Hindu Succession Act. Petitioner Nos. 3 and 4 are the sons of Shrimati Maya Devi's brother Gopal Singh who are not her heirs in the presence of petitioner No. 2 according to the Hindu Succession Act. She made a gift on September 10, 1958, of her entire land measuring 659 Bighas and 13 Biswas in favour of petitioner Nos. 2 to 4.

(2.) The appeal of Shrimati Maya Devi against the order of the Collector dated November 21, 1960, was dismissed by the Commissioner, Patiala Division on September 17, 1963 and she filed a revision against the order of the Commissioner before the Financial Commissioner, Planning, Punjab, which was decided on 22nd January, 1965. The last paragraph of the order of the learned Financial Commissioner dated 22nd January, 1965, is as under :-

(3.) It appears that in 1963 some tenants had been settled on the land measuring 28.87 standard acres which had been declared surplus by the State. The tenants on those lands were Gurbachan Singh and others. They applied to the Financial Commissioner for the review of his order dated 22nd January, 1965, on the ground that they had not been made a party to the revision although they were greatly interested in the result thereof. The learned Financial Commissioner after hearing all the parties modified his order dated 22nd January, 1965 and directed "that the case should be decided afresh by the Sub-Divisional Officer, Mansa (exercising the powers of Collector) after hearing all the interested parties including the present applicants (allottees) and the transferees. I would also direct that if on the fresh determination of the case the result is that any of the area with the allottees ceases to be surplus, they would be made to leave it only after other surplus area of equivalent value has been allotted to them, and after such compensation as is justified and admissible to them under the law has been assessed and paid. As regards the rest of the area, which it is decided should not be allowed to be disturbed by the landowner as far as possible. If the allottees have to leave any of the area which has been with them since 1963 because it is no longer surplus, they will suffer hardship without any fault whatever of theirs and it will be only reasonable that they should not be subjected to avoidable dislocation in respect of the remaining area."