LAKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A policy decision was taken by the State of Punjab, is contained in its letter of July 10,1979, annexure P/l, that unauthorised occupants of inferior evacuee land may be transferred such land if they have been in continuous cultivating possession thereof since Rabi 1976. The petitioner Harinder Singh seeking to claim the benefit of this decision applied for the transfer of the land held by him on the plea that it was inferior evacuee land and it had been in his possession since Rabi-1976,

(2.) The request of the petitioner for being given proprietary rights over the land held by him, it appears, was accepted and he was required thereafter to pay the first instalment of the price of this land of Rs. 533/- odd. This instalment was deposited before the due date. Later, on the application of the petitioner, he was also issued a certificate of ownerships by the Sub-Divisional Officer (Civil) Ajnala, on April 24, 1986. No sale-deed was, however, specifically executed in his favour despite his requests in this behalf.

(3.) A reading of the relevant instructions, as set out in the letter of July, 10, 1974, annexure R/1 and June 5, 1981, annexure R/2, would show that the competent authority to transfer the land is the Deputy Commissioner not the Collector or the Sub Divisional Officer and further that it is only 'inferior evacuee land' which can be so transferred. Admittedly, in this case, no application for transfer was made to the Deputy Commissioner nor was any order passed by him for the transfer of this land to the petitioner. In other words, the order passed in favour of the petitioner regarding the transfer of this land. was not made by the competent authority and this being so, no direction can be issued that a sale deed be executed in favour of the Petitioner.