BHAG SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Before the claim of the petitioners in this petition under Articles 226 and 227 of the Constitution is appreciated, it would be essential to draw a backdrop from whatever material is available from this vague writ petition and the attendant orders challenged or tagged therewith, due to the unusual persistence of the learned counsel for the petitioners.

(2.) It is undenied that Satpal son of Mukand Lal of Abohar, district Ferozpur, was a big landowner as the term is known to the Punjab Security of Land Tenures Act, 1953 (hereinafter called the Old Act). It is not certain on the present record if ever the surplus area of Satpal was declared under the Old Act and what was that area. Then came the Punjab Land Reforms Act with effect from April 2, 1973. and for certain purposes was made applicable from the appointed day which was fixed as 24th day of January 1971 (hereafter referred to as the New Act). From the order dated July 20, 1976, which the learned counsel for the petitioner filed later at our askance, it is clear that his surplus area case was decided under the New Act because he had furnished a declaration as required under section 5(1) of the New Act. There is a narration in this order that the land already declared surplus (presumably under the Old Act) shall remain surplus and shall not be affected by the provisions of the New Act. As a result of the aforesaid order 9.51 65 hectares in the band of Satpal was declared surplus. This was followed by another order dated July 26 1976, wherein the details of the surplus area were approved and it was ordered that the land-owner be asked to deliver possession of the surplus area to the State. Satpal did not appeal against that order.

(3.) There were three qualities of areas which emerged as a consequence of the Old Act, when applicable to a big landowner. He would get a permissible area; if he had tenants settled on some area with effect from April 15, 1953, those tenants would get their tenants' permissible area (for short TPA) and the remaining was surplus area capable of being utilised by the State for resettlement of tenants. The tenants already sitting and the tenants inducted by the State on utilisation of surplus area could purchase their tenancies under section 18 of the Old Act provided the tenancy had continued for six years or more; the only impediment being that the land so sought to be purchased be not included in the reserved area of the landowner. The procedure prescribed therein warranted for such a tenant to make an application to the Assistant Collector Ist Grade who after giving notice to the landowner and to all other persons interested in the land could make an enquiry and determine the value of land which was the average of the price obtaining for similar land during 10 years immediately preceding the date on which the application was made. Further the purchase price was 3/4th of the land so determined and the tenant could pay it in instalments. On the payment of first instalment, the tenant was deemed to have become owner of the land.