C.W.P.No. 5640 of 1988. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P.No. 5640 of 1988. Date of Decision:-24.8.2010 Sohan Lal and others Petitioners. VERSUS The State of Haryana and others Respondents CORAM : HON'BLE Ms. JUSTICE RITU BAHRI. Present:- Mr. L.N.Verma, Advocate, for the petitioners. Mr.S.S.Goripuria, Deputy Advocate General, Haryana. 1. To be referred to the Reporters or not ? 2. Whether the judgment should be reported in the Digest ? RITU BAHRI,J. The petitioners in this writ petition have challenged the order dated 16.3.1988 (Annexure P-3) passed by the Chief Settlement Commissioner, Haryana vide which land allotted to them (original allottees were respondents No. 7 to 9 from whom the present petitioners had purchased the property in question) by C.W.P.No. 5640 of 1988. 2 the Rehabilitation Department in lieu of the land left by them in Pakistan, has been cancelled. They have further challenged the order (Annexure P-2) passed by the Assistant Registrar-cum-Managing Officer, Rehabilitation Department, Haryana (respondent No.4), vide which reference has been made for reconsideration of the land allotted to the petitioners. The petitioners had purchased the land from the original allottes i.e. respondent Nos. 7 to 9 which was allotted to them by the Rehabilitation Department in the year 1980, in lieu of the land left by them in Pakistan. The detail of the land, as noticed in para No.4 of the petition, is as under:- “ In compliance with the order dated 15.7.1980 of this Court in C.W.P.No. 3150 of 1968, respondents No. 7 to 9 were allotted 8- 1.1/4 S.As. of Custodian Land at village Thobria, Tehsil and District Sirsa and the remaining area to the extent of 2-12-3/4 S.As. ( equalent to 39 Kanals and 12 Marlas) comprised in Rec. No.57, Killa No. 19 (8-0), 20 (7-12), 21(7-12), 22(0-16) and Rec. No. 78, Killa No. 11(7-12) forming a part of Shamlat land situated at village Kussar, Tehsil and District C.W.P.No. 5640 of 1988. 3 Sirsa was allotted to them vide Parchi Allotment No. H.S.-5/226/2 dated 24.7.1982 and physical possession thereof was delivered to them.” The petitioners purchased the land measuring 7 Kanal-12 Marlas comprised in Rect. No. 78, Killa No.11 (here-in-after referred to as “the land in dispute) in equal shares from he original allottees i.e. respondents No. 7 to 9 for a sum of Rs.4500/- vide registered sale deed dated 15.6.1984. Vide reference order (Annexure P-2), a reference was made by respondent No. 4 to respondent No.3 for reconsideration of the allotment of land at village Kussar, in exercise of his suo motu powers conferred under Section 24 of the Displaced persons (Compensation and Rehabilitation) Act, 1954. Vide order dated 16.3.1988 (Annexure P-3), respondent No. 3 accepted the reference and cancelled the allotment at village Kussar, Tehsil and District, Sirsa. In the cancellation order (Annexure P-3), the judgment of the Hon'ble Supreme Court in Gram Panchayat of villlage Jamalpur Vs. Malwinder Singh and others, AIR 1985 Supreme Court 1394 has been relied upon. To overcome the effect of the judgment of the C.W.P.No. 5640 of 1988. 4 Supreme Court in case Gram Panchayat of villlage Jamalpur (supra), amendment was carried out by the State of Haryana by Act No. 13, 1996 by introducing sub clause (ii-a) in clause (g) of Section 2 of the Act. The Legislature excluded from the definition of shamlat deh that shamlat land, which had been allotted to any person by the Rehabilitation Department of the State Government, after the commencement of the Act, but on or before the 9th day of July, 1985 i.e. the date on which the Supreme Court, resolved the controversy in Gram Panchayat, Jamalpur's case (supra). Effect of this amendment was that all the allotments made prior to 9.7.1985 were saved, and that the allotments made by the Rehabilitation Department before the appointed dated, were not liable to be cancelled. In view of the above amendment, a Division Bench of this Court in the judgment of Veer Kaur Vs. The State of Haryana and others, (C.W.P.No. 7609 of 1988, decided on 23.5.2000), quashed the impugned order cancelling the allotment made to the allottees by the Rehabilitation Department and a direction was issued to restore the possession of the land in dispute, to the petitioners forthwith. Recently, the Division Bench of this Court in C.W.P.No. 5640 of 1988. 5 Gram Panchayat of village Kum-Kalan Vs. The State of Punjab and others (C.W.P.No. 4816 of 1996, decided on 7.4.2010) has upheld the notification and validity of Haryana Act 13 of 1996, whereby the amendment was made by the State of Haryana to overcome the validity by Hon'ble Supreme Court in case Gram Panchayat of village Jamalpur Vs. Malwinder Singh and others, AIR 1985, S.C. 1394. Once, the validity of the Act 13, 1996 was upheld by the Division Bench of this court in the case of Gram Panchayat of village Kum-Kalan(supra), nothing survives in the present petition and as such the writ petition must succeed. Consequently, the writ petition is allowed. The impugned orders Annxures P-2 and P-3 are quashed and it is held that the allotment made by the Rehabilitation Department before the appointed date i.e. 9.7.1985 is perfectly valid. 24.8.2010 (RITU BAHRI) Anoop JUDGE