SARUP SINGH ALIAS RAM SARUP Vs. AMRIK SINGH

JUDGEMENT

(1.) THE present is a revision petition under Section 24 of the Punjab Security of Land Tenures Act, 1953, read with Section 84 of the Punjab Tenancy Act, against the order dated 21.4.1997, passed by the Commissioner, Patiala Division, Patiala, in the case of application in Form K-1.

(2.) THE facts of this case are, that, Amrik Singh, Kuldip Singh sons of Norang Singh, residents of village Balrampur, Tehsil and district Ropar had made an application on 8.3.1976, in Form K-1, under Rule 13 of the Punjab Security of Land Tenures Rules, 1956, read with Section 9-A, of the Punjab Security of Land Tenures Act, 1953 to the A.C. 1st Grade, Ropar, for the ejectment of Sarup Singh alias Ram Sarup from the land, measuring 5 Kanals and 12 Marlas, situate in village Balrampur, on the ground that they were small landowners. The A.C. 1st Grade, vide his order dated 18.12.1978, had ordered the ejectment of Sarup Singh forthwith. Against this order, the appeal filed by Sarup Singh was accepted by the Collector, Ropar, vide his order dated 27.6.1979, by setting aside the impugned order and by remanding the case to the A.C. 1st Grade, Ropar for fresh decision. On remand, this case was decided by the A.C. Ist Grade, Ropar vide his order dated 27.1.1981, by concluding, that the landlords Amrik Singh etc., shall be liable to pay Rs. 3,000/- as compensation for the improvements brought about by the tenant-Sarup Singh on the said land, and he shall not be ejected from the said land, until he is accommodated on the surplus area under the rules. Against this order, the appeal filed by Amrik Singh etc., was rejected by the Collector, Rupnagar vide his order dated 15.3.1983. Against this order, Amrik Singh etc., had filed the revision petition before the Commissioner, Patiala Division, Patiala; who, vide his reference dated 18.2.1987, had reported the case to the Financial Commissioner, Punjab, with a recommendation, that, the tenant-Sarup Singh be ordered to be ejected forthwith. The Ld. Financial Commissioner Revenue, Punjab, vide his order dated 7.12.1993, had ordered de novo enquiry in this case, by remanding the case to the A.C. 1st Grade, Rupnagar. In compliance of this, the A.C. 1st Grade, Rupnagar vide his order dated 13.5.1996, had ordered the ejectment of the tenant-Sarup Singh, by observing that the tenant had failed to produce any evidence regarding the improvements brought about by him on the disputed land. Against this order, Sarup Singh had filed an appeal before the Collector, Rupnagar, who, vide his order dated 30.7.1996, had rejected the same. The revision petition filed against the Collector's order was also rejected by the Commissioner, Patiala Division, Patiala vide his order dated 21.4.1997. The present revision petition is directed against this order.

(3.) WITHOUT going into the other merits of this case, I am of the considered view, that the entire proceedings in this case are void ab initio being incompetent and without jurisdiction. I am of the considered opinion that, clause (i) of Sub-section (1) of Section 9, of the Punjab Security of Land Tenures Act, 1953 stands repealed along with Rule 13, and other connected Rules, of the Punjab Security of Land Tenure Rules, 1956, in view of the provisions contained in Section 28(1) of the Punjab Land Reforms Act, 1972, which provides, "The Punjab Security of Land Tenures Act, 1953 and the Pepsu Tenancy and Agricultural Lands Act, 1955, insofar as these are inconsistent with the provisions of this Act, are hereby repealed." Under the Punjab Land Reforms Act, 1972, the provisions of the Punjab Security of Land Tenures Act, 1953 and the Rules framed thereunder, which are considered inconsistent with the provisions of the Punjab Land Reforms Act, 1972, have not specifically been repealed, and this matter has been left entirely to the ingenuity of the Agrarian authorities of the State, as well as, to the judiciary, to find such inconsistencies, while enforcing and implementing these statutes and determine and decide such provisions, as repealed. Under the Punjab Land Reforms Act, 1972, the concept of "small land owner" has totally been omitted, which existed under the Punjab Security of Land Tenures Act, 1953. Under the "Punjab Law" the tenants who were liable to ejectment, under clause (i) of the Sub-section (1) of Section 9, enjoyed protection under Section 9-A to the effect, that they could not be dispossessed of their tenancies, unless they were accommodated on surplus area, in accordance with the provisions of Section 10-A or otherwise, on some other land owned by the State Govt. and the tenants of 'small landowner' were allowed to retain possession of their tenancy to the extent of 5 standard acres including any other land which they held as tenant or owner independently, until they were so accommodated on surplus area or otherwise. Under Section 10(A), the State Govt. was competent to utilise any surplus area for the resettlement of tenants ejected or to be ejected under clause (i) of Sub-section (1) of Section 9. Under the Punjab Land Reforms Act, 1972, there are no corresponding provisions of this nature, and the concept of "small land-owner" has totally disappeared. The Punjab Land Reforms Act, 1972 came into force on 2nd April, 1973; and 24th Jan., 1971 has been provided as the "appointed day". Under this Act, the surplus area is to be utilized under the provisions of the Punjab Utilisation of Surplus Area Scheme 1973, which came into force on 4th July, 1973, and was evolved under Section 11 of the Act ibid, which provides for the disposal of the surplus area, which stands vested in the State under Section 8 and taken possession of by it, under Section 9 of the Act ibid. Under the Utilisation Scheme of 1973, there is no provision at all regarding the resettlement of tenants of the small landowners, and the tenants on the reserved area of the big landowners, because, as already mentioned, this concept has totally been eliminated under the new Act. After 4th July, 1973, the surplus area with the State is required to be utilised in accordance with the provisions of the Utilisation Scheme 1973, which prescribes a criterion for "eligibility" for allotment of land upto 2 Hac. of the first quality land or its equivalent area, and the "eligible persons" have also been specified. The Utilisation Scheme of 1973, does not give any concession to the tenants of the so-called "small landowners." The utilisation scheme provides for priority treatment in the matter of allotment to the "sitting tenants" only, which means those tenants who were cultivating the surplus area on the appointed day viz. 24th Jan., 1971. The Punjab Land Reforms Act does not recognise the tenancies created after 24th January, 1971.