BALMUKAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Articles 226/227 of the Constitution of India filed by Balmukand, whereby he has assailed the determination of his surplus area by the Collector (Surplus Area), Sirsa, District Hissar. The Collector held that the petitioner was entitled to 100 ordinary acres of land which is equivalent to 31.03 standard acres of land.

(2.) The main grievance of the petitioner is that he was a displaced person and had been permanently allotted 121 standard acres and 3-1/2 units of land in lieu of the lands left by him in Pakistan after migration. The displaced person who has been allotted land in standard acres is entitled to retain 50 standard acres of land under the provisions of Punjab Security of Land Tenures Act and the displaced person who was allotted land in the ordinary acres is entitled to retain 100 ordinary acres of land. A person who has been allotted land in standard acres has to be given his permissible area in standard acres only and not in ordinary acres. That is to say that every displaced person who had been allotted land in standard acres is entitled to have 50 standard acres as his permissible area. The matter is not res integra. The matter is concluded by a Supreme Court decision in State of Haryana and another v. Jiwan Singh, 1975 PunLJ 446, and our own High Court in Khan Chand v. State of Punjab and others, 1966 68 PunLR 543. In both these cases, it has been held that a displaced person who has been allotted land in standard acres is entitled to get his permissible area in standard acres. Such a displaced person is entitled to retain 50 standard acres as his permissible area. Admittedly in the present case, the surplus area of the petitioner has been determined in ordinary acres which is clearly illegal.

(3.) Consequently, I set aside the order dated 11th December, 1961, passed by the Collector, Sirsa, and remand the case to the concerned Collector to determine the surplus area of the petitioner in accordance with law. There shall be no order as to costs.