THE FINANCIAL COMMISSIONER AND ORS. Vs. SANT SINGH

JUDGEMENT

(1.) THE Punjab Security of Land Tenures Act (hereinafter referred to as the Act) provides the measure of the permissible area which can be retained by a landowner and the balance of the area in excess of the permissible area so prescribed has to be declared as surplus and can be utilized for settling displaced tenants or landless tenants. In case of allotment to the displaced persons, the permissible area allotted to them by the Rehabilitation Department should not be in excess of 50 Standard Acres. Section 2(5) of the Act defines Standard Acre as follows:

(2.) CONVERSION of ordinary acres into standard acres. - -The equivalent, in standard acres, of one ordinary acre of any class of land in any assessment circle, shall be determined by dividing by 16, the valuation shown in Annexure 'A' to these rules for such class of land in the said assessment circle.

(3.) IT was not denied that Sailab and Barani lands form two different species of the irrigated land. The argument on behalf of the State, however, was that all that is required under Rule 2 is that taking into consideration the quantity of the produce and the quality of the land, its valuation is to be fixed vis a -vis a standard acre whose valuation is taken to be 16. The learned Counsel consequently argued that where the authorities concerned after taking into consideration both these matters come to a conclusion that Barani as well Sailab lands should be assigned the same value, it is not necessary to categorise them separately and give their valuation.