409 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DateofDecisionlMarch 17 2011 RSA Noe2755of2009 Doli lppellant Versus Pardeep Kumar andothers r 0 CORAM HONBLE MRe JUSTICE HEMANT GUPTA C HONBLE MR JUSTICE GURDEV SINGH I 1 WhetherReporters oflocal paperslnay be allowed to see the C5 I 2 To be referredto the or not2 3 Whether shouIdbe reported lll theDigest7 Z Present Ivlr BhagSinghAdvocate for the tr HEMANT GUPTA J I For order see LPA No30 of 2009 titled Shashl a5 Kumar and others Vs Financial Commissioner Harvana and others 7 Z ll HEMANT GUPTA JUDGE 42 3e March 17 2011 6GURDEVSINGHI Vimal JUDGE Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 INTHE HIGH COURT OF PUNJAB AND HANA AT CHANDIGARH DateofDecision 2011 11 LPA Noe730of2009 ShashiKumar andothers lppellants Versus FinancialCommissioner Haryanaand others 021 LPA No731 of2009 ShashiKumar and others lppellants Versus FinancialCommissioner Haryanaand others Respondents 31 LPA No732 of2009 ShashiKumar 1ppe11ant M Versus Financial Commissioner Haryanaand others Respondents 1 49 LPA No733 of2009 ShashiKumar andothers AppellalllS Versus Financial Commissioner Haryanaand others Respondents 651 LPA Noe734 of 2009 Shashi Kumar and others AppellalltS Versus 1 Financial Commissioner Haryanaand others spondcnts 8e 6 S Pn4 14 r 0 e e r1 11 tl Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 411 0 21 LPAN0e735 of2009 61 Appellants 1 1 Versus Haryanaand others Respondents Financial CWPNo10684 of2001 67 e e Petitioners Surtaetc Versus StateofHaryanaandothers espondents CWPNo15051 of2001 8 1 BangiRam andanother Oetitioners S 0 4 e Versus S t4 StateofHaryanaandothers Respondents t 0 C CWPNoa18577of2001 91 5 ShashiKumar andothers etitioners Versus Y se 0 Respondents StateofHaryanaand others 109 CVVPNoa12353of 1991 Om Parkashandothers Petitioners 1 1 Versus Stateof Haryanaandothers RespondentS 1 111 RSA Noe2747of 2009 Nat Ram and another Appellant Versus ShashiKumar espondenl 1 mJ mA4 rl PJ Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document V 4 6P RSA No2758 of2009 1 Versus 2espondents RSA No2759 of2009 andothers Versus 1 andothers 7espondents 1209 RSA Noe2760of2009 1 KreshniDevi and others Appellants 1 Versus 1 Pardeep Kumar andothers Respondents 6211 RSA No761 of 2009 1 Puran eAppellant 1 Versus 1 PardeepKumar and others Respondents 6221 RSA No2762 of2009 1 Main Chand andothers Appellant 1 Versus PardeepKumar and others 7espondents CORAIVI2 HONBLE MRe JUSTICE HEMANT GUPTA HONBLE MR JUSTICE GURDEV SINGH 1 Whether Reportersof local papers may be allowed to see the judgment2 2 To be referred to the Reporters or not2 3 Whether the judgmentshould le reportedin the Digest2 1 Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document S 413 MlsRDBawa RandhirBawa SamuelGill and sen ShashiGupta Advocatesfor the appellants 1 b in LPANos330to 735 of2009 t Mr AKChopra Sr Advocate With Mr Harminder SinghAdvocate for the inCWPNos12353 0f1991 15051and 18577of 200 MlsLNNenna and Kiran Pal SinghAdvocates for the in CWP N00684 of2001 Ms ShubhraSinghDAG Haryanafor the State Mr BhagSinghAdvocate for the in RSA Nos2747 to 2750and2755 to2762 of2009 HEMANT GUPTA J This order shall disposeof aforementioned22 cases MlSlIl OUt of surplusland case of Om Parkash Osincedeceasedl 4 All other cases exceptCWP Nos 0684 and 150510fof 2001 and CWP No 185772001 pertain to the of mutationcither on account of purchaseof land as tenants permissible area or the settltl2 asideofthe said orders The threewrit petitionsinentioned 3 above are the cases in which the issuesregardingsurpluslandof 3 Om Parkashis to be examined Learned counsel for the partiesagree that decision itl the said three writ petitionswould govem the remaining cases as well and such cases can be disposedof in terms of the decisioon in the aforesaid writ petitions CWP Nos10684 of2001 and 15051 of2001 are bv some of the tenants who are claimingrightto purchase land as the tenants permissiblearea of bie landNner Om Parkash The petitionerstherein have challengedthe orders dated 290919 97 I Il lI Ie Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 131 0999 le 24032000 passedby the SpecialCollector and the Financial Coinmissioner CWP No 8577of 2007 is 61edby the legalheirs of deceased Om Parkash the aforesaid orders which are also subject lnatter ofchallenge in the aforesaidtwo writ petitions The fas are that Om Parkash big lan owner was holding land in differentvillagesnamely MandebriSughGaloli Dasani andFarrakhpurHe submittedhis selectionin Form Ein accordancewith Rule 3 ofthe Punjab Security of Land Tenures Rules 1956 Oforshort the Rules and sent the said form under post on 19061958 to thc Collector Ambala It was pleadedby him in earlier writ petition 6CWPNo873 of 19879that forms were sent to the Collector lor the reason thatno SpecialCollector was appointed till theexpilyof six months After the said selection the Collector passedan order on 0C071960 The said order readsas underl 1 Present land owner with counsel Accordingto Forin D the land owner owned l Ol SA 7e118unitsof land tn 1504953 andheowns120 SA Adding area 1 SA 118 unitsin villageMandebriand 5 SA 912 units in Farrakhpur ownedbytheland owneron 151953 which hasbeel sold thetotalarea with theland owner comes to 127SA 118 units Out ofthis the following area is under tenants as shown in the Form D relatingto the land Ownerl Jagadhri 1SA 112 units Mandebri 62SA 19112 units Sugh 1SA 50112units Galoli 36SA 2414 units Dasani 2SA 11114 units Farrakhpur 5SA 9412 units 119SA 14 units 6 e nnl Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document v 1 415 Inaddition6 unitsof land are underorchardin Village Mandebri Deductingarea underthe tenants and theorchard the area remainedwith the land owner is less than his ennissiblearea Thereis thereforeno surplus area with the landeownerThecase beflled Announcec09 960 Sdl Collector Jagadhri In the said order no surplusarea was found with thc landowtner as afterdeducting the tenants area and the area of orchard the landwith thelancowner was foundto be less thanthepermissible area After the said orderwas passed solne of thetenants filed for purchase of land under Section 18 of thePunjabSecurityof Land Tenures Act 1953 or shon the Act The leamed Assistant Collector vide its order dated 29Ol 969 disposed of the as the area soughtto be purchased by someof the tenants was within the reservedarea of the Om Parkash In appealagistthe said order by the tenants the learnedCollector remandedthe cases to the Assistant Collector to examlne the questionthat whether the tenants are Jiable to 1 purchase Iand if the reservationis not madeaccording to Iaw and whether such land belongsto the permissible area of the Ianci Owner The Collector passedan order on 2312969 that the Iano owner has sent his selection form with the Folm A and C to the ColIector in the year 1958 but the iandowner has sold land in Village Binat Tehsil Thanesar District Karnal Therefore this case was to be decided by SpeciaICollector It was incumbeilt upon landowner to send his forms to Special Collector under Section 5A and 5B ofthe Act and underRules 3 and 40fthe Rulcs and the forms have been sent wrongly therefore no actiotl IS 4 1e Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document e t7 116 uired on those forms In the appealagainstthe saidorder the leanedCommissioner on 15A970 directed the paltiesto appear P before the SpecialCollector for reedecision After the said order the learned SpecialCollector passedan order on 1 091972 declaring1standard acres as the land surplusin the handsof big landwowner The appealagainstthe said order was dismissedbv 1 Commissioner on 220973 But the learned Financial Commissioner vide its order dated1812974 returnedthe matter to the SpecialCollector after rejectingappealof the landowner The lealned Financial Cominissionerdirectedthe SpecialCollector to look into threepointsdelineatedby him in the said order The purchaserof land measuring194 Kanals 14 Marlas situated ln VillageBinat from landownerflled a wnt petitionbeforethis courl CWP 6859 of 19741This court set aside the order of Soecial ColIector on 13 1978 so as to decidetheclaim of the purchaser as well The SpecialCollector thereaRerredetermined the surpluscase of the Om Parkash on 06081979 The appeal was dismissed on 21 Ol 1981 The Financial Commissioner dismissed the evision on 2210986 The order passedbv lhe Financial Commissionerwas beforethis Court in CWP No873 of 1987 by Om Parkash This Court remittedthe matter 10 the Financial Commissionerfor relecision in accordancewith law and in the light of observationsmade therein as the order passed by the Financial Coissioner was found to be without anv reasons The learned Financial Commissioner acccpted thc reVISIOn on 16091995 The relevant extract from the said order reads as under 5n Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 e 417 0 The secondpointin which I find a lot of nlerit is the C argument that it is duringthe purchase of lhe oK tenant that the surpl us area case of the land olvner was to be openedThis is a very doubtfulproposition to mymind Even if it was to be openedit could not havebeen donewithouttheapproval of thehigherauthorityAdmittedl noapproval hasbeenobtainedwhilereviewing the surplus area caseof the lancilordwhich had acquiredOnalityon 91960 The written argumentssubmittedby the do not seemto carrv muchconviction l am firmlv ofthe view thaton thesetwo counts alone therevisionpetitionshouldsucceed The ordersdated681979 and 20Ol1981 of the Assistant Collector andthe Commissionerare accordingly set aside remandthe case back to the SpecialCollector for de novo determinationbyissuingnoticesto boththepartiesl The presentroundoflitigationis basedupon the order passedby the SpecialCollector on 2909 997 88er the aforesaid order of the Financial Colnlnissioner The leamed Special Collector held to thefollowingeffectl 1 am fully 111 agreementwith the leamed counsel tlIr landowner Theorderdated16091995is very much ar In order dated0907960 surplusarea case ofthe landowner ilS decidedand held thattotal area of thelandownerwas 127 SA 1 1118units Outofthis thefollowingareas was underlenailtsle Villaee Area SA Units Jagadhri 1 614 Mandebri 62 12414 Sueh 1 5e112 Gal6li 36 20114 Dasani 2 11114 Farrakhpur 5 9IO 119 14 In addition to 6 units of land as under orchard in villaec Madabri reducingarea under the tenants and the orchard tllc area with the landowner remains Iess than his permissible area Thereafterduringpurchaseproceedings it was detected that the Iandowneralso holds land in villageMandi anii Bini falling111other district The positionregarding thesetwn viilagesis as under Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document IO 418 Vlllage Area Remarks SA U4U Nlandi1 112 Purchased bytenants under 58ction18OfthcAc SA U1 Bmt 47 15414 Underold tenant 30 14e114 soldupto3058 8 13314 Banjar 6 3314 47 1314 In the lightof the above discussionseven if areas of other two villages1S countedin the total holdingsof the Iandowner theposition remainshe same le with No Surplus Area Thereforeafterallowing30 SA of area as perhis choice the remaining area is declared as tenanls area l orderaccordingly The order passedby the SpecialCollector was afflnned in appeal on 12101999 by the Ieamed Commissioner The leamed Commissioner found that two pointsrelnain to be decided Firstlythe of form F and Secondlywhat is the effect of death of landowner It found that the tneritsof the case are not affectedby not preparing Form F and that no such 0 plea has been raised on behalf of the Iandowner that the calculationsmade are incorrect in anymanner In respect of the 1 ofdeath ofthe landowneron 19071992 the learned Commissioner found thatthe heirs ofthe landownerfrom 1992till 1997 had not moved any application before the SpecialCollector nor took any otherproceedings to obtain the beneSt of reopening of the case of surplusTherefore the legalheirs of the landowner had no rightto make such claim ln an appealfor the first time In respectof pleaof the tenants in the appealthat the order dated 09071960 is a nullity lt found that the High Court and the Financial Commissioner have held this order to be valid and that therightsofthe tenants are not aHected as the tenants pennissible 1 e ne nn I Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document ll 119 a would remain intact The Financial Comlnissionerhas ismissedthe revision in linzineon 24032000 The legalheirs of the landownerin their writ petition No 18577 of 2001 have soughtsettingsideof the orders dated 2991997 12101999 and24032000 It is specificpieaded case 1 ofthelel heirs ofthe landownerthat the order dated 09071960 1 hasattained flnalityand could not be specially in the proceedingsinitiated by the tenan The relevanl averments in 13ofthe writ petition read as under1 aI Because the order datedJuiy 9 1960 Annexure Pl havingattainedthe finalitycould not be reopenedespecially in the initiatedbythetenants b Because although No in para No4 of his order Annexure Pl4 has found and held that the order dated July9 1960had attainedSnalityand thesaiddecision cannot be reopenedand no changecould be madeby the Special Collector Haryanain the same yet he eued in dismissing lhe appealfiied bythe 6c9 Becausethe order Annexure Pll havingnot been chalIenged by anyone includingthe tenantsand the Statc thc authoritiesare to workouttheir rightswithin the ambil of Ille said order andunder no provision of Iaw the same could bere opened Duringthe course of argumentsthe panieswere ad idenl in respectof selectionmadeby the landownerin fonn I on 1906958ie aftertheinsertion ofSection 5A5B and 5C in the Act vide Pun0 Act No6 of 1957 The said fa6t is admittedln the written staternent flled on behalf of SpecialCollector Haryana lIl the present set of writ petitionsand noticed in the order datcd 23121969 passedby the Collector attached in earlier writ petition flled by lancowner It is also recorded in the order dated npl 1 n 1r Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 111 e 420 by the Division Bench of this Coun in the said 1 1987 writ petition as well as in the orderpassedbythe SpecialCollector on 29091997 Mr Senior Advocate appearingon behalf of the legalheirs of the landowner n arguedthat thc for the declarationof surplusland of the landowner 1 shall be deemedto be pending on the date of commencement 01 The CeilingofLand Holdings Act 1972 for short the Haryana Ac therefore the surplus area case of Om Parkash has to be decided in terms of Section 33620iilof the Harvana Act read with Section 10A6b9of the Act It is arguedthat the order passcd bv the Special Collector is not sustainableas the surplus area ofthc land owned by Om Parkash is required to be rietermined afler A his death on 1971992 as on the said date the land was nOI utilized It is arguedthat the land can be said to be utilized onlv Jl 1 when is handedover to the tenants after allotment of 3 land and on completion of otherformalities The order of allotlnent 1 itself does not amount to the of the process of utilization Reliance is placedupon the Honble SupremeColIil j udgmentreportedas Financial Commissioner Harvana and others Vs Smte Kela Devi and another AIR 1980 SC 309 Krishna Kumari and another VseStateof Harvana and another 1999 11SCC 338 and upon Full Bench judgmentof this Court in SmteAiit Kaur and others Vs The Puniab State and others 1980 PLJ354 It is also arguedthat the order passedbv the Financial Conlmissioner on 16091995 remandingthe case to the Special 1 a r 1 of the tenants that selection of a permissibearea also the case Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document I9 re 2Ymllector for de novo determinationis deemed for cleterminationof surpluscase of the landownerOm Parkash Thus 4 no oart of land would be available for by the tenants as thesurplus land area is to be determinedin the handsoflegalheirs ofOm Parkashand not as in the handsofOm Parkash eliance IS placedupon Antu Vs Naresh Saran 2001 0 RCR iviO 79DBPbl Anoop Singh and others Vs The State ofHurvunn ondotIiers 2008 RCR CiviO626 BmPl andSardara Sineh and others Vs The Financial Commissioner and others 2008 421 RCR Civil1744Full Bencl Pb It is arguedthat the order dated0907 1960 has been passedby the Collector thoughthe surpluscase of the landowner was required to be decidedby SpecialCollector in terms of Rule 4B of theRules as the land of deceasedbiglandowner was situated 111 lnore than one district and that for declaration of surplusland of Om Parkashshall be deemedto bependingalso for the reason that form F hasnot been prepared Reliance is placed uponGurdial Sinh died bv his LRs Vs State ofHarvana 1993 11 RRR 54SBPBJ andAnoop Singh and others Vs The State ofHarvana and others2008 12lRCR Cil 626DB Pb Mr LllVerma Advocate on behalf of the tenanlS arguedthat Order dated 9 1960 cannot be said to be void Or without jurisdictiononly for the reason that the same was passcd by Collector and not by SpecialCollector and that surplus latld case cannot be reopened for the said reason thoughthe selection of the landowner should have been made known to the panies It is also the case of the tenants that selection of a pennissible area 11 Ilor V eo l e Il VIl r Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 422ce made bv thelandownercannot be eitherbythe act ofparties or byoperation oflaw with the written consent of thetenants affectedby the change Learned counsel also relied upon a DivisionBench of this Court reportedas Lal and others Vs StateofHarvana and others2001 1j PLJ 148 andKamla Devi and others Vs StateofHarvana and others2010 621SLPHJ 811 It is arguedthat the land vests with Stateon thecommencement ofHaryanaAct thereforethesurplusland area casecannot be reietennined After havingheard learnedcounsel for the partics at some length w e find that the following questionsarise for considerationl i9 Whether the order dated09071960 passedby the Collector in respectof surplusarea of Olll Parkashis 6na1and iil Whetherthe Iandwasunltilizedon 19071992 e the date of deathof Om Parkash therefore the surplusland area was requiredto be re determined in terms of Section 33 of the 1 HaryanaAct readwith Section 101 ofthc Acl iii Whether the tenants area determinedin order dated 9960 vests with tenants and stand utilized on the said date itself2 To consider the respectiveargumentsof the Iearncd counsel for the partiesthe relevant provisionsof the Punjab Securityof Land Tenures Act 1953 and Rules framed thereinder and the provisionsof the HaryanaCeiling of Land HoldingsAct 1972 need to be extracted Such provisions read as under The PunjabSecurityofLand Tenures Act 1953 49 P 7 Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document Il5 423 A Declaration SupportedBy Affldavits To Bc FurnishedBy Certain Landowners And Tenants Everv gf landowner or tenant who ons or holds landin excess of the permissible area andwhereland is situated in more thall Olle Patwarcircle shallfwnish withina periodofsix molllhs60111 the commencement of the PunjabSecurityof Land Tenures Act 1957 a declaration by an affidavitin respectof theland ownedor held by him ln such fonn andmanner andto suchauthority as may beprescribed S0B Selection of Permissible Area and 01 Failure to Selectl 9A landownerwho has not exercisedhis rightof reservationunderthis Act mav selecthis permissible area and intimatethe selectionto the authoritlo withintheperiodspecified in Section A andin suchform and manneras may be prescribed Providedthat a landownerwho is required to furilisha declarationunder Section SA shall intimate his selection alongwiththat declaration 21 If a landownerfails to select his permissible area ill accordancewith the provisionsof subsection 61 the prescribed authority may subject to theprovisions of SecIion5 3 C selecttheparcelor theparcelsof land which suchpersoniS entitledto retainundertheprovisions ofthis Act Providedthat the prescribed authority shall not make the selection without givingthe iandowner concemed an opportunity ofbeingheard 5C PenaltyFor Failure To Furnish Declaration i l ll a landowneror tenant fails to fumish the declarationsupported by an affidavit as requiredby Section 5 the prescribed authority not belowthe rankof Controllermay byorder direci that thewhole or part of the land of such landowner or tenant ln excess often standardacres to be speci6edby such authorilv shaIl be deeznedto be the surplusarea of such landowner Or tenant and shall be utilized by the StateGovernnlentfor the purposementioned in Section 10Al XXX XXXX 10L SurplusArea For Resettlement of Ejccted Tenants a The State Governmcnt or anv offlcer cmpoweredby it Ill this behalf shall be competent to utilize any surplusarea for the resettlement oftenant ejectedor to be ejected under clause 0 ofsulvsection619ofSection 9 10n4 6IO ee n Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 6 e b1 ailything containedin anv other iaw lor 424 thetimebeingin forceandsave in the case of Iandacquired bt 41 theStateGovemmentunderany Iawfor thetimebeingin force orby n heir byinheritanceno transferor otherdisposition 01 landwhichis comprised in surplus area at the commencement of thisAct shallaect theutilizationthereofin clause Such utilizationof any surplusarea will noi effectthe rightofthe landownerto receive rent from the tenanl so settled ThePunjabSecurityofLand Tenures Rules 1956 3e Form etce of declaration under Section50Aof the Act The declarationsupported by an afdavit required to be SlmishedunderSectionSeAofthe Act shall be fumishedb1 o landeowner in FormsA andC andby a tenant in FormsB and C eitherpersonally or byregistered post dueltol 6a1 theCollectorofthe district ifhis land is situatedin such patwar circles as are comprised lvithin one district and bl theSpecialCollector if his Iandjssituatedin such patwarcirclesas are conlprised in tnore than one distric 4Be Prescribed authorityunder submsection621of Section 53 and Section 5C of the Act for 4he purpose of subv section 429of Section SaB and Section C of the Act lhe prescribed alnhorityshall be 0i9theCollector if thelandsownedor held bv a Iant owner or tenant are situatein patwarcirclescomprised 111One districtland 6ii theSpecialCollector if thelandsownedor heldbv a landowneror tenant are situatein patwarcirclesconlprised in morethan one district 6 Assessment of surplus area with landowners and tenants XXX XXX XXX 7 Ci9 The Collector or the SpecialCollector shall prepare a staternent in form F and forward immediately a copy thereof lo the landowner or tenant concerned under cover of an endorsement prescribedin the Foml and it shall be served upon the landowner or tenant as if it were a summons in the manncr prescribed in Section 90 ofthe PunjabTenant Act l 887 Anita 2012.11.19 13: 55 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document Il 425 6iil TheSpecial Collectorshallalsoforwarda copv of Fornl 1 byhim to theCollectorof every district in whichthe 11 area ofthe landowneror tenant Is sltuate TheHaryanaCeilingofLand HoldingAct 1972 12 Vestingof surplusarea l The surplusareaof a shall rom the dateon which it is declaredas such shallbe deemed to have been acquiredby the Slate for a publicpurposeIideAct Nol 7 of 19761 and all rightstitle and interest includingthe contingent interest if any byany law costom or usage for the time being in forcelof all personsin such area shall stand andsuchrightstitle andinlerestshall vest in lhe StateGovemmentfreefrom any encumbrance 62 The rightand interestof the tenant in his surplus area whichis includedwithin the permissible area ofthe Iandowner shallstand 63 The area declaredsurplusor tenants permissible area underthePunjab law and the area declaredsurplusunderthe PepsuLaw which has not so far vested in the Stale shall be deemedto have vested in the State A Govemment with effect from theappointed day and the arca whichmav be so declaredunder the Punjablaw or the Pepsu 1 law aftertheappointed dayshallbe deemedto havevestedi11 1 the State Govemment with effect fronl the date of such declaration0lideAct NoO of 1976 3 33 Repealand Savings XXX xxx 1 21oo the proceeding for the determinationof the surplus arca pendingimmediatelybeforethe commencement of this Ac underthe provisions of either of the said enactments whlch shallbe continuedand disposed off as it thisAct had nol becn passedand the surplus area so determinedshallvest in and be utilized by the State Govemmentin accordancewith the provisions ofthis Act The Scheme of the Act including the