RAJESHWAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition under Section 20 of the H.P. Ceiling on Land Holdings Act (here -in -after called the Act or the Ceiling Act) filed by Shri Rajeshwar Singh son of Late Shri Raj Kumar Rajinder Singh son of Maharaja Padam Singh of Rampur Bushahr and three others, is directed against the order dated 30.8.1996 passed by the learned Commissioner Shimla Division in Revenue Appeal No. 155 of 1994 whereby the appeal of the present petitioners against the order of the Collector Ceiling Rampur dated 10.11.1993 was dismissed by him.

(2.) Briefly stated the relevant facts of the case are that after coming into force the Act. even landowner holding land more than permissible area as on the appointed day as per Section 8 thereof was required to furnish a return to the Ceiling Collector setting out therein the particulars of the land so held. Predecessor of the present petitioners Late Raj Kumar Rajinder Singh also held land more than the permissible area in various Tehsils of Shimla District and therefore was required to file the prescribed return. He filed the aforesaid return in the year 1974 in Form C -II. In course of the proceedings in pursuance of the afore said return, the Ceiling Collector passed an interim order on 12.5.1976 which was challenged in appeal before the Commissioner. The Commissioner after hearing, remanded the case to the Collector for decision afresh in accordance with Section 10 of the Act after affording opportunity of hearing to all the parties. The Collector Ceiling Rampur commenced the proceedings and vide order dated 10.6.1980 decided the case whereby Shri Raj Kumar Rajinder Singh was allowed two units of land which included one. unit allowed to Shri Rajeshwar Singh present petitioner as adult son of the landowner under section 4 of the Act 10. 027 -5 Bjghas of land were declared surplus under section 11 of the Act for vestment into the State Government. Compensation for surplus area was determined and paid to the landowner Shri Raj Kumar Rajinder Singh.

(3.) Later on. the Settlement Officer, in course of settlement operations of the area, noticed some illegalities in the orders passed by the Collector Ceiling and accordingly referred the matter to my learned predecessor invoking his revisional jurisdiction to rectify the illegalities. It was specifically pointed out that Shri Rajeshwar Singh son of late Raj Kumar Rajinder Singh was a minor at the relevant time and hence was not entitled to the separate unit and secondly bonafide transfers mentioned in the orders by the Collector were not properly explained. My learned predecessor exercised jurisdiction under section 20 of the Act and passed an order on 5.9.1985 and held that Shri Rajeshwar Singh was not entitled to a separate unit being minor on the appointed day. therefore only one unit was permissible. He further directed the Collector to properly inquire the transactions claimed as bonafide under Section 7(2) of the Act. The order passed by the Collector Rampur on 10.6.1980 was thus set aside and the case was remanded to the Collector for passing fresh order vide order dated 5.9.1985. The proceedings commenced afresh before the Collector Rampur in pursuance of the aforesaid order passed by my learned predecessor. At this stage it is relevant to notice that forest land owned by late Raj Kumar Rajinder Singh in Chak Addu was not considered earlier by the Collector Ceiling for determining the surplus area because of litigation on the land in the various courts. This land came to be considered this time as a result of the order of the Hon"ble Supreme court vide judgment dated 20.7.1990 whereby this land was to be included in the land holdings of Raj Kumar Rajinder Singh and hence rendered countable towards calculation of surplus area. An application was also moved on behalf of late Raj Kumar Rajinder Singh before the Collector Rampur for filing a fresh return on account of land now shown in his ownership at Chak Addu and acquisition of land in Jhakhri and Kunni. The Collector allowed Raj Kumar to filed a fresh return. Subsequently draft C -V statement was prepared and served on the landowner who filed objections thereon. The landowner claimed exemptions under section 7 of the Act as bonafide transfers specifically with regard to the acquisition of land by the Nathpa Jhakhri Powar Corporation. Public Works Department and H.P. State Electricity Board. Besides this. 166 applications were also presented to the Collector by various other claimants claiming bonafide transactions entered into with Raj Kumar Rajinder Singh and claimed exemptions thereof under section 7(2) of the Act. The Collector inquired into the purported transfers and finally accepted 141 of these transfers as bonafide involving an area of 1225 -12 Bighas and rejected the remaining 25 applications as not bonafide involving 234 -01 Bighas. The Collector exempted an area of 54 -89 -76 Hect. As bonafide transfers under Section 7 of the Act as having been acquired by the H.P. State Electricity Board. Public Works Department and Military. The Collector, our of total 21872 -15 Bighas holding of late Raj Kumar Rajinder Singh allowed him 162 Bighas within one unit as permissible area as directed by my learned predecessor treated 1956 -17 Bighas of land as bonafide transfer and declared 19706 -05 bighas as surplus under Section 11 of the Act which included land in Chak Addu that was not included in earlier proceedings concluded by the Collector in his order dated 10.6.1980. The compensation was ordered to be computed in accordance with section 14 of the ceiling Act. The order was passed by the Collector Rampur on 10.11.1993.