IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 19760 of 2006 Date of decision : 03.11.2009 Lachman Dass ….. Petitioner Versus State of Haryana and Others ….. Respondents Present: Mr. V.S. Bhardwaj, Advocate for the petitioner. Mr. Sudhir Makkar, Sr. DAG, Haryana for respondents No.1 to 4. Mr. Rajesh Arora, Advocate for the respondents No. 5 to 8. Mr. C.B. Goel, Advocate. **** S.S. SARON, J. Heard counsel for the parties. The petitioners Lachman Dass filed two applications in Form K-1 and L of the Punjab Security of Land Tenures Act, 1953 (“Act” – for short) seeking eviction of Bhundey son of Bansi (predecessor-in-interest of respondents No.5 to 8) from the land measuring 21 kanals 19 marlas situated in village Sinhi, Tehsil and District Gurgaon. In Form K-1 it was submitted by the petitioner that he is a small tiller and used to plough the disputed land. Additional land was also cultivated by him. In Form L, it was stated by the petitioner that Bhundey (predecessor-in-interest of respondents No.5 to 8) had not paid the rent in respect of the land in question for the past three years. The Assistant Collector, Ist Grade Ferozepur Jhirka, Distt. Gurgaon vide order dated 24.3.1978 (Annexure P1) ordered that Bhundey be evicted from the disputed CWP No. 19760 of 2006 [2] land only after he was allotted equal land of one standard acre 11 ¾ units surplus land. Bhundey (predecessor-in-interest of respondents No.5 to 8) filed an appeal before the Collector, Gurgaon which was dismissed vide order dated 25.9.1978 (Annexure P2). Bhundey (predecessor-in-interest of respondents No.5 to 8) was allotted land on 24.10.1980. The allotment order in Form US-3 is placed on record as Annexure P5. In terms of the said allotment, 48 kanals 3 marlas of land was allotted to Bhundey in village Karanki. Bhundey, however, made a statement (Annexure P4) on 18.12.1980 that he was not willing to accept the said land. Thereafter, the Sub- DivisionalOfficer-cum-Allotment Authority issued a notice dated 2.2.1981 (Annexure P3) advising Bhundey to visit the office on 16.2.1981 to give his acceptance of the land allotted to him otherwise the land allotted to him would be cancelled. However, the appellate authority in the order passed on 16.6.1992 (Annexure P6) which is against the order dated 24.3.1978 (Annexure P1) of the Assistant Collector Ist Grade, Ferozepur Jhirkha, ordered that raqba equivalent to SA/11-3/4 be allotted to Bhundey in village Harsuru, Tehsil and District Gurgaon. Accordingly, the land measuring 16 kanals was allotted to Bhundey in village Harsuru vide order dated 27.6.1992 (Annexure P7). Kallu son of Bhundey on 5.8.2003 made a statement before the Assistant Collector Ist Grade that the land that has been allotted at village Harsuru was not good and unfit for cultivation. Besides, the civil suit was pending in respect of the said land and its possession was also in dispute. Therefore, he did not want to take the land. The petitioner then filed an application seeking eviction of Bhundey in compliance to the order dated 24.3.1978 (Annexure P1). The Assistant Collector Ist Grade, Gurgaon, however, in his order dated 8.9.2003 (Annexure P9) observed that the evicted tiller could neither be given the possession of surplus land allotted nor any CWP No. 19760 of 2006 [3] other surplus land due to litigation was available for allotment. Accordingly, the application of the petitioner was dismissed. The said order of the petitioner was challenged before the Collector by way of Appeal which has been dismissed vide order dated 14.7.2005 (Annexure P11). The petitioner then filed a revision petition (Annexure P12) before the Commissioner, Gurgaon Division, Gurgaon which has been dismissed vide order dated 22.8.2006 (Annexure P13). Thereafter, the petitioner has filed the present petition under Articles 226/227 of the Constitution of India for directing the respondents to allot appropriate land to the private respondents so that the order dated 24.3.1978 (Annexure P1) regarding eviction of his land can be implemented. The dispute, therefore, between the parties is with respect to the implementation of the order dated 24.3.1978 (Annexure P1). In terms of the said order, the respondents No.5 to 8 who are the successors-in-interest of Bhundey were to be allotted land of one standard acre 11 ¾ units. Surplus land in fact was allotted to Bhundey on two occasions. Firstly, he was allotted land on 24.10.1980 (Annexure P5) i.e. land measuring 48 kanals 3 marlas in village Karanki, Tehsil and District Gurgaon. Bhundey, however, refused to accept the said land and he made a statement (Annexure P4) to this effect on 18.12.2008. Thereafter, Bhundey vide letter dated 2.2.1981 (Annexure P3) was asked to visit the office of the Sub-Divisional Officer- cum-Allotment Authority on 16.2.1981 to give his acceptance of the allotted land otherwise it would be cancelled. In any case, the Sub-Divisional Officer-cum- Appellate Authority, Gurgaon vide order dated 16.6.1992 (Annexure P6) ordered that land equivalent to one standard acre 11 ¾ units be allotted to Bhundey (predecessor-in-interest of respondents No.5 to 8) in village Harsuru, Tehsil and District Gurgaon. Accordingly, vide order dated CWP No. 19760 of 2006 [4] 27.6.1992 (Annexure P7), land measuring 16 kanals was allotted to Bhundey in village Harsuru which also he refused to accept and in this regard, statement dated 5.8.2003 was recorded. The petitioner in any case in view of the allotment having been offered to Bhundey filed an application on 1.10.2002 (Annexure P8) for possession of land in execution of the decree dated 24.3.1978 (Annexure P1). The said application has been dismissed by the Assistant Collector, Ist Grade, Gurgaon vide order dated 8.9.2003 (Annexure P9). The appeal of the petitioner has been dismissed by the Collector, Gurgaon on 14.7.2005 (Annexure P11) and the revision petition (Annexure P12) against the order dated 14.7.2005 (Annexure P11) has been dismissed by the Commissioner, Gurgaon Division, Gurgaon vide order dated 22.8.2006 (Annexure P13). It may be noticed that once the land has been allotted to Bhundey on two occasions, the order was liable to be implemented. The fact that he has refused to take the allotment in village Karanki in the first instance was no ground to disentitle the petitioner for the execution of the decree dated 24.3.1978 (Annexure P1) passed in his favour. However, since the authorities on their own have allotted another piece of land in village Harsuru which indeed is admittedly under litigation, it would not be proper to order the execution of the order dated 24.3.1978 (Annexure P1) in favour of the petitioner. In the circumstances, the appropriate course would be that the matter be remanded to the Sub-Divisional Officer-cum-Allotment Authority who shall take steps for allotment of the land to respondents No.5 to 8 within a period of 3 months from the date of receipt of the order. The allotment be made to respondents No.5 to 8 either from the surplus pool or from the other land of the State Government in accordance with Section 9-A of the Act. CWP No. 19760 of 2006 [5] Thereafter, the order dated 24.3.1978 (Annexure P1) be executed by the Assistant Collector, Ist Grade, Ferozepur Jhirka. The writ petition is accordingly disposed of. The parties shall appear before the Sub-Divisional Officer-cum-Allotment Authority, Gurgaon on 21.12.2009. (S.S. SARON) JUDGE November 3, 2009 amit