STATE OF HARYANA Vs. RAM CHANDER

JUDGEMENT

(1.) , C&S Case No. 33(62) 97 is a reference filed by the State for setting aside the orders dated 30.1.1995 passed by the Joint Secretary, Rehabilitation-cum-Settlement Commissioner, Haryana under Rule 18 of the State Rules. The Joint Secretary, Rehabilitation-cum-Settlement Commissioner, Haryana vide his orders dated 30.1.1995 allowed the transfer of land measuring 14 kanals 14 marlas comprised in khasra No. 591/Min on the price fixed by the Government. This was done in view of the government policy of transfer of agricultural land to the unauthorised occupants who have been in continuous possession of the rural evacuee agricultural land on or before kharif 1985. The Settlement Commissioner, Haryana also declined to allow the transfer of other land measuring 14 kanals in Khasra No. 591 (Min) and also land measuring 9 kanals 14 marlas in Khasra No. 565 as the same were not found in continuous possession of Sh. Ram Chander as per the Government policy. The above order has now been challenged by both sides. The State has filed a reference against this order for quashing the orders on the ground that Sh. Ram Chander owned more than 5 standard acres of land and he was not entitled to transfer of the land in dispute as per the Government Policy. On the other hand Sh. Ram Chander has filed the petition against the above orders on the ground that he had been in possession of the other two khasra Nos. also and the same should have been allowed to be transferred to him which was not done by the Settlement Commissioner, Haryana. He has thus sought the transfer of the land on the above ground.

(2.) THE issue involved in both these cases is of similar nature and both the petitions have been filed against the same order, therefore both these cases are decided together by a single order, copies to be placed on each file. The central dispute in this case is whether Shri Ram Chander had 5 standard acres or more land at the relevant time. The departmental representative has claimed that Sh. Ram Chander had 9 standard acres of land as per the revenue record and therefore he was not entitled to the transfer of the land in dispute. Sh. Ram Chander has disputed it. During arguments today, the Ld. Counsel for the State referred to the revenue record relating to the land in question as placed on the file from pages 183-193 (original case file). As per the Jamabandi for the year 1989-90. Sh. Ram Chander had 9 standard acres of land in his own account. He, therefore, was not entitled to any transfer of land as per the Government Policy. On the contrary, the Ld. Counsel for Shri Ram Chander has contended that Sh. Ram Chander does not own any land in India. He is a landless person. Sh. Ram Chander has submitted an affidavit to this effect along with a report of Tehsildar Jhajjar saying that Sh. Ram Chander does not own any land at Jhajjar.