RAM JAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition has been filed against orders dated 7.6.1988/29.7.1988 passed by the Special Collector Haryana, Chandigarh and orders dated 27.1.1989 passed by Commissioner Hisar Division in a surplus area matter.

(2.) FACTS of the case are that the surplus area case of one Khub Chand was decided on 7.6.1988 by the Special Collector, Haryana and land measuring 431 k 11 m of 'C' category was declared surplus with him. The list of area which was to be surrendered by the landowner was submitted and the same was accepted by the Special Collector vide order dated 29.7.1988. Before the surplus area case was decided, the landowner had exchanged 23 k 12 m of land with the revision petitioners and had also sold 10 k 5 m of land to them on 13.6.1986 and 1.6.84 respectively. The contention of the revision petitioners who are transferee landowners, is that though they were owners of 33 k 17 m of land in 1988, the Special Collector decided the surplus area case of Khub Chand without giving them hearing and further he allowed the landowner to exclude the above transferred lands from his permissible area which was against the law. The Commissioner while deciding the appeal against the orders of the Special Collector has recorded that the landowner agreed that the area transferred by him to the revision petitioners be included in his permissible area but finally failed to make any proper order.

(3.) I have considered all facts of the case. While the question of summoning the existing/transferee landowners at the time of the decision of the surplus area case, may be a matter of dispute or debate, it is not possible to forget the clear provision of law as laid down in Section 9(3) of the Haryana Ceiling on Land Holdings Act, 1972, in accordance with which, land transferred by the landowner after the appointed day in contravention of the provisions of Section 8 has to be included first by the landowner while making the selection of his permissible area. The 1972 Act and the Rules framed thereunder provide for various forms which had to be filled by the landowner and by the revenue authorities. Form No. I is a declaration form to be filled under Section 9 of the Act and information on this form, along with other information, has to be given about all transfers of land made after 24.1.1971. From the record of the case it is seen that the declaration Form I in the case was filed by the landowner in 1976. Obviously the above Form showed no transfers after 24.1.1971. The papers remained pending for a long time and the Special Collector on 14.12.1987 wrote a letter to Tehsildar, Dabwali for verification of the particulars as required under Section 6(3) of 1973 Rules. In this verification as seen on pages 26 and 29 of the surplus area case file, land measuring 23 k 12 m and 10 k 5 m has been shown to have been transferred by the landowner after 24.1.1971.