77 r 1 e IN THE HIGH COURT OF PUNJAB AN19 HARYANA AT 1 CHANDIGARH Date ofDecisionl March 17 2011 RSA No2747 of 2009 Nathi Ram and another Appellants Versus 1 ShashiKumar Respondent 0 CORAM HONBLE MR JUSTICE HEMANT GUPTA C HONBLE MR JUSTICE GURDEV SINGH 1 WhetherReporters oflocai papersinay be allowed to see the C5 I 2 To be referredto theReporters or not2 3 Whether shouldbe reported in theDigest2 Z Presentl Mr BhagSinghAdvocate for thcappellants HEMANT GUPTA J For order sec LPA No730 of 2009 titlcd Shashi 08 Kumar and others Vs Financial Commissioner Hanlanu and others 57 wm Z l CL 6HEMANTGUPTAl JUDGE 1 4 March 17 2011 GURDEV SlNGl Il Vimal JUDGE ri JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 4 78 1 1 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date ofDecision March 2011 1 1J LPA No730 of2009 1 1 ShashiKumar and others lppelantS m Versus 0 Financial Commissioner Haryanaand others 2espondents 0444 C 21 LPA Nol310f2009 C5 Shashi Kumar andothers Ippellants I Versus Z Financial Commissioner Haryanaand others espotldents 31 LPA NoJ32 of2009 I C45 ShashiKumar lppellant CO Versus 7 Z Financial Commissioner Haryanaandothers Respondents Ll 411 LPA NoO33 of2009 ShashiKumar and others lppellants Versus Financial Commissioner Haryanaandothers 2espondents 51 LPA No34 of2009 ShashiKumar andothers lppellants Versus Financial Commissioncr Haryanaandothers 2espondcrlts JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 79 Il I l 5 6n 2 61 LPA Noe735 of2009 ShashiKumar and others Appellants Versus Financial Commissioner Haryanaand others 2espondents 71 CWP No10684 of2001 Surtaetc e e ePetitioners m 0 Versus 0 C StateofHaryana andothers espondents I 68 CWP N0015051of2001 C5 I BangiRam and another Petitioners Z Versus m r StateofHaryana and others 7espondents I 91 CWP No18577 of2001 08 r ShashiKumar and others Oetitioners W2 Versus Z StateofHaryana andothers 2espondents 6109 CWP N0e12353of 1991 Om Parkashand others etitioners Versus StateofHaryana and others espondents 111 RSA No2747 of2009 Nathi Ram and another lppellant Versus ShashiKumar espondent JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 80 C 1 A 3 121 RSA No2748 of2009 Surtaand others lppellant Versus Chhavi and others Respondents 131 RSA Noe2749 of2009 Dauli 4ppellant m r Versus 0 ShashiKumar espondent 5 I 141 RSA Noa2750of 2009 0 I Mam Chand and others lppellanl Z Versus r Divya I 151 RSA No755 of 2009 08 Doli lppellant 00 ewo Versus Z Pardeep Kumar andothers 161 RSA Noe2756of2009 Nathi Ram and another Versus Pardeep Kumar andothers espondents 171 RSA No2757 of2009 Sauni Devi lppellant Versus Pardeep Kumar andothers e e JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 81 1 11 ey 4 181 RSA Noe2758of2009 Surta 4ppellants Versus Pardeep Kumar and others 2espondents 6191 RSA No2759 of 2009 Sohan Lal and others lppellants 1 Q Versus 0 Pardeep Kumar and others espondents C I 20 RSA No2760 of 2009 C5 I Kreshni Devi and others lppellants Versus r Pardeep Kumar and others espondents I 211 RSA Nol761 of2009 08 Puran Appellant OO 7 Versus Z Om Pardeep Kumar and others 2espondents 221 RSA Noe2762of 2009 Mam Chand and others Appellant Versus Pardeep Kumar and others espondentS CORAM HONBLE MR JUSTICE HEMANT GUPTA HONBLE MR JUSTICE GURDEV SINGH 1 WhetherReportersof local papersmay be allowed to see the judgment2 2 To be referredto theReporters or not2 3 Whetherthejudgment shouldbe reported in theDigest2 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 82 1 1 1 16 Y 0 Presentl Mls RDBawa Randhir Bawa SamuelGill and ShashiGuptaAdvocatesfor the in LPA Nos730 to 735 of2009 Mr AKChopraSr Advocate with Mr HarminderSinghAdvocate for the petitioncrs in CWP Nose12353of 1991 15051and 18577of 2001 Mls LNNerma andKiran Pal SinghAdvocates for thepetitioner in CWP No 10684 of 2001 Ms ShubhraSinghDAG Haryanafor the Statc r Mr BhagSinghAdvocate for the in RSA Nos2747to 2750 and 2755 0 to 2762 of2009 C HEMANT GUPTA J I C5 This order shall disposeof aforeinentioned22 cases arisingout of surplusland case of Om Parkash since deceasedl m All other cases exceptCWP Nos0684 and lSOSlofof2001 and CWP No 185772001 penainto the of mutationeither 08 on account of purchaseof land as tenants pennissiblearea Olthe 00 settingasideofthe said orders The threewrit petitionsmentioned W2 Z above are the cases in which the lssues regarding surplusland of fl Om Parkash is to be examined Learned counsel for the partiesagree that decision ln the said three writ petitionswould govem the remaining cases as well and such cases can be of in terms of the decisionln the aforesaidwrit petitions CWP Nos10684 of2001 and 15051 of2001 are by someof the tenants who are claimingrightto purchaseland as the tenants area of biglancowner Om Parkash The petitionerstherein have the orders dated 29091997 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document t 83 1 t V 6 12101999 24032000 passedby the Special Col lector Commissioner and the Financial Colnmissioner rcspectivc CWP N018577 of 2007 lS filed by the legalheirs of deceased Om Parkash the aforesaid orders which are also subjectmatter ofchallenge in the aforesaidtwo writ petitions The facts are that Om Parkash big lanc 1 owner was holdingland lll different villagesnamelyJagadhri r Mandebri SughGaloli Dasani and f Ie subinittedhis 0 C selection in Form ln accordancewith Rule 3 01of the Punjab I C5 Securityof Land Tenures Rules 19566forshort thc Rulesl and I sent the said form under post on 19061958 to the Collector Ambala It was pleadedby him in earlier writ petitlOll CWP No873 of 1987 that forms were sent to the Collector for I thereason thatno Special Collectorwas till theexpiryof 08 SlX months After the said selection the Collector passed an order r 4r on 0907 1960 The said orderreadsas underl vm Z Present land owner with counsel According to Iornl D the Iand owner owned 101 SA 74 18 units of land on 15041953andheowns 120SA 6e112unitsat presentAdding area 1 SA I18 unitsin villageMandebriand5 SA 9412 units Ill Farrakhpur ownedbythe landowneron 15 141953ullich hasbeen sold thetotalareawith theland owner comes to 127SA 1m118 units Out ofthis the following arca is under tenants as shown in the Form D relating to the Iand ownerl Jagadhri 1SA 172 unils Mandebri 62SA 191 12unlts Sugh 1SA 5112 units Galoli 36SA 2114 units Dasani 2SA 11li4 units Farrakhpur 5SA 9112 units 119SA 14 units JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 84 2 O tV 0 1 ln addition6 unitsofland are underorchardin Village Mandebri Deducting area Underthe tenants and the orchard the area remained with tl land owner is less than his permissible area Thereistherefore no surplusarea with the landowner The case be Sled Announcedl0907 960 Sdl Collector Jagadhri In the said order IlO surplusarea was found with thc landowner as after the tenants area andthe 0 area of orchard the land with the lancowner was found to be less 0 C than the area After the said order was passedsoInc of r the tenants filed for purchase of land under Section 18 C0 I of the PunjabSecurityof Land Tenures Act 1953 or short the Act The leamed Assistant Collector vide its order dated 29Ol 1969 disposed of the as the area soughtto be C bysome of the tenants was within the reservedarea of I a5 the Om Parkash In appealagainstthe said order by the tenants 00 the learnedCollectorremandedthe cases to the AsslstantCollector vm Z to examine the questionthat whetherthe tenants are liable to m purchase Iand if the reservation is not rnadeaccording to Iaw and whethersuch land belongs to the area of the iand owner The Collector passedan order on 231 21 969 that the land owner has sent his selection form with the Form A and C to the Collector 111 the year 1958 but the landowner has sold land tn VillageBinat Tehsil Thanesar District Karnal Thereforc this case was to be decidedby SpecialCollector It was incumbenl upon landowner to send his forms to SpecialCollector under 1 Section 5A and 5B ofthe Act and under Rules 3 and 40fthe Rules and the forms have becn sent wrongly thcrefore no actlOtl lS JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 85 1 i 1 1 P 1 1 f 8 requiredon those forms In the appealagainstthe said order the leaned Commissioneron 151970 directed the partiesto appear beforethe SpecialCollectorfor reiecision After the said order the Ieamed SpecialCollector passedan order on l091972 declaring1standard acres as the land surplusin the handsof big landowner The appealagainstthe said order was dismissed by Commissioner on 22101973 But the learned Financial 1 r Commissionervide its order dated18 21974 returnedthe matter 0 C to the SpecialCollector after rejectingappealof the landowner I The leamedFinancialCommissionerdirectedthespecialCollector C5 I to look into threepointsdelineatedby him lIl the said order The Z purchaser of land 194 Kanals 14 Marlas situated in VillageBinat Som landownertlled a writ petitionbefore this court CWP 6859 of 19741This court set aside the order of Special I 08 Collector on 13 1978 so as to decide the claim of the Qo purchaser as well The SpecialCollectorthereafterrietennined 7 Z the surpluscase of the Om Parkash on 06081979 The appeal was dismissed on 21 Ol l98 1 The Financial Commissioner dismissedthe revisionon 22101986 The ordcr passedby the FinancialCommissionerwas beforethis Court in CWP No873 of 1987byOm Parkash This Court remittedthe matter to the Financial Commissionerfor reedecisionin accordancewith lawl and in the lightof observationsmade therein as the order passed by the Financial Commissionerwas found to be without an1 reasons The lcamed Financial Commissioner acceptcdthe revlSlOn on 16091995 The relevant extract from the said order reads as under1 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 86 1 V c 9 11 9 5 The second pointin which l flnd a lot of merit is the argumentthat it is duringthe purchase of the tenant that the surplusarea case of the Iand owner was proposedto be openedThis is a very doubtfulproposition lO mymind Even if it was to be openedit could not have been donewithoutthe approvalof thehigherauthorityAdmittedl no approvalhasbeenobtainedwhilereviewing thesurplus area case of theIandlordwhich hadacquiredOnalityon 93 960 The writtenargumentssubmittedby the do not seem to carrymuch conviction I am firmlv of the view thaton j thesetwo counts alone the revlS1011 petitionshouldsucceed The ordersdated6979 and 20Ol981 of the Assistant 0 Collector and theCommissionerare set aside I C remandthe case back to the SpecialCollector for de novo I determination byissuingnoticesto boththeparties C5 I The presentroundof Iitigation is basedupon the order Z passedby the SpecialCollector on 29091 997 after the aforesaid order of the Financial Commissioner The leatned Special Collectorheld to the folIowing effectl I 08 I anl fully 111 agreementwith the learned counsel Ior ClO landowner Theorderdated1609995 is verv muchclear In order dated09071960 surplus area case ofthe Iandownerwas 7 Z decidedandheldthattotal area of the landownerwas 127 SA 1m118 units Outofthisthefollowing areas was undertenants Qm Villae Area SA Units Jagadhri 1 314 Mandebri 62 12314 Sugh 1 572 Galoll 36 2174 Dasani 2 ll114 Farrakhpur 0 9412 119 14 In additionto 6 unitsof land as underorchardin villagc Madabri reducing area underthe tenants and the orchardthe area witll the landowner remainsless than his permissible area Thereafterdutingpurchase lt was detecled that theIandowneralso holds land in villageMandi and Bint fallingin other district The positionregarding thesc tw villagesis as under JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 87 1 n P 3 CJ e 11 10 Village Area Remarks SA Unit Mandi 1 112 Purchasedbytcnants under Section 18ofthe Act SA Cnit Bint 47 15414 Under old tenant 30 1114 sold uplo 3058 8 131 Banjar 6 3314 47 1314 In the Iightof the above discussions even if areas of other two villagesis counted in lhe total holdines of the 1e Iandownerthepositionremainsthe same e with No Surplus C Area Thereforeafler allowing30 SA of pennissible area as per his choice the remainingarea is declared as tenants 0 C permissible area I orderaccordingly I C5 The order passedby the SpecialCol lector was I armed in appealOIl 12101999 by the leamed Commissioner 4 The learned Commissionerfound that two pointsremain to be decided Firstlythe of form F and Secondlywhat IS I the effect of deathof landowner It found that the merits 01 the 08 case are not affected by not preparing Form F and that no such m plea has been raised on behalf of the landowner that the 7 Z calculations made are incorrect in any manner In respectofthe tl ofdeath ofthe landowner on 19071992 the learned Commissioner found that the heirs ofthe landowner8oin 1992till 1997 had not moved any application beforethe Special Collector nortook any other proceedingsto obtain the beneOtofreopening of the case of surplusTherefore the legalheirs of the landowner had no rightto make such claim ln an appealfor the flrst time In respectof pleaof the tenants in the appealthat the order dated 0907 960 is a nullity it found that the High Court and the Financial Commissioner have held this order to be valid and that therightsofthe tenants are notaffectedas thetenants JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 88 vLl 11 11 area would remain intact The Financial Cominissioner has dismissedthe revision in Iimine on 24032000 The legalheirs of the Iandownerin their writ petition N018577 of 2001 have soughtsettlngaside of the orders dated 29091997 1210999 and2402000 lt is specificpleadcd case of the legalheirs of the landowner that the order dated 09071960 has attained finalityand could not be reopenedspeciallyin the U C purchase initiated by the tenants The relevant 0 0 averments Itl 13ofthe writ petitionread as under I al Becausc the order datedJuiv 9 1960 Anncxure Pl C0 havingattained theOnalitycould not be reopenedespecIy I in thepurchase initiatedbythe tenants 0101Becausealthough No in para No4 of his order Annexure Pl4 has found and held that the orderdated July 1960hadattained nalityandthesaiddecisioncannot r be reopenedand no changecould be inade by the Special Collector Haryana in thesame yet he erredin the 08 appealflled bythe 00 6cl Because the order Annexure Pl l havingnot been challenged by anyone includingthe tenants and the State the 3 authoritiesare to workouttheir rightswithin theamblt o the saidorderandunderno provision of law the sanlc could bc re Qm opened Duringthe course of argumentsthe partiesweread idem in respectof sclection madebythe landownerin forn on 1906 1958ie afterthe insertionof Section 5A 5B and 5C in the Act vide PunjabAct NoA6 of 1957 The said fact is admitted ln the written statement filed on behalf of SpecialCoIlector Haryana lll the presentset of writ petitionsand noticed in the order datcd 23121969 passedbythe Collector attachedin earlier writ petition tlled by landeowner lt is also recorded in the order datcd JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 89 1 C1 9 Il 12 301 1 1987passedby the Division Bench of this Court in the said writ petitionas well as in the orderpassedbythe SpecialCollector on 29091997 Allr KChopra Senior Advocate appearingon behalf of the legal heirs of the landowner arguedthal the proceedings for the declarationof surplusland of the Iandowner shall be deemed to be pending on the date of commencement of The HaryanaCeilingof Land HoldingsAct 1972l for short the 0 Haryana Act thereforethe surplus area case of Om Parkashhas C I to be decidedin terms ofSection33296iilofthe Haryana Act read 9 I with Section 10A6blofthe Act It is arguedthat the order passed bythe SpecialCollector is not sustainableas thesurplusarca 0thc 2 land owned by Om Parkash is required to be redetermined after his death on 197 1992 as on the said date the Iand was not I 08 utiIized It is argucdthat the land can be said to be utilized only oo when possessionis handedover to the tenants after allotlnent of 3 Iandand on completion ofother formalities The order ofaIlotment 0m itself does not amount to the completionof the process of utilization Reliance1S placedupon the Hon ble Supreme Coult judgmentreportedas Financial Commissioner Harvana and others Vs Smt Kela Devi and another AIR 1980 SC 309 Krishna Kumari and another Vs State of Harvanaand another 1999 1SCC 338 and upon Full Benchjudgment ofthisCourtin Smt Aiit Kaur and others VseThe Puniab State and others 1980 PLJ354 It is also arguedthatthe orderpassedbythe Financial Commissioner on 1609 1995 remandingthe casc to lhe Special JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 40 P 1 13 Collector for de novo determinationis deemed permissionfor re detenninationof surplus case ofthe landowner Om Parkash Thus no partof land would be available for purchasebythe tenants as the surplusland area is to be determinedin the hands of legalheirs ofOm Parkashand not as in the handsofOm Parkash Reliance 1S placedupon Antu Vse Naresh Saran 2001 I RCR ivill 79DBPb Anoop Singh and others Vs The State of Harvanu and others 2008 21RCR Civill 626 DBePI and Sardura Singh 0 and others Vs The Financial Commissioner and others 2008 0 I RCR Civil1744Full Benche Pbl C5 I It is arguedthat the order dated09071 960 has been passedby the Collector thoughthe surpluscase of the landowner Z was required to be decided bySpecialCollector in terms of Rule C 4B ofthe Rules as the land ofdeceased biglandownerwas situated I 08 in more than one district and that for declaration of 1 surplusland ofOm Parkashshall be deemedto bependingalso lor wm Z the reason that form F has not beenprepared Reliance is placed uponGurdial Singh Iiedl bv his LRs VseState ofHarvana 1993 I1 RRR 541SBePBlandAnoop Singhand othersVs The Stote ofHarvana and others2008 RCR Civilj 626 DB Pb Mr LNerma Advocate on behalf of the tenants arguedthat Order dated 9 1960 cannot be said to be void or without jurisdictiononly for the reason that thc same was passcd by Collector and not by SpecialColIector and that surplusland case cannot be reopened for the said reason thoughthe selcction of the landowner should have been made known to the partiesIt is also the case of the tenants that selcction of a pernlissiblc area JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 41 0 1 a 4 14 once made by the landowner cannot be changedeither by the act of partiesor by operationof law exceptwith the written consent of the tenants affected by the change Learned counsel also relied upona Division Bench of this Coun reponed as Lal and others Vs StateofHarvana and others 2001 ll PLJ 148 andKamla Devi and others VseState ofHarvana and others 2010 21 SLJ 0 811 It is arguedthat the land vests with Stateon 1 r the commencement of Haryana Act thereforethe surplus land area 0 case cannot be reedetermined C I After havingheard learned counsel for the parties at C5 I some length we find that the followingquestionsarise for considerationl 1 i9 Whether the order dated0907960 passedby Ct the Collector in respectof surplusarea of Om I Parkashis 8nal and C45 iil Whetherthe land was unitilized on 1907992 CO 1 the date of deathof Om Parkash therefore 17 the surplus land area was requiredto be re Z determincd in terms of Section 33 of the Haryana Act read with Section 101 ofthc Act 6iiil Whether the tenants area determinedin order dated 9 1960 vests with tenants and stand utilized on the said dale itself2 To consider the areumentsof the Icarncd counsel for the partiesthe relevant provisionsof the Punjab Securityof Land Tenures Act 1953 and Rules framed therlnder and the provisions of the HaryanaCeilingof Land HoldingsAct 1972needto be extracted Such provisionsread as under The PunjabSecurityofLand Tenures Act 1953 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 42 C7 lb 15 Ae Declaration SupportedBy Amdavits To Be Furnished By Certain Landowners And Tenants Everv Iandowneror tenant who owns or holds land in excess of the permissible areaand whereland is situated in inore than one Patwar circle shall 8irnish within a periodof six tnonthsfroill the commencement of the PunjabSecurityof Land 1 enures 6Amendmentl Act 1957 a declarationsupportedby an affldavit in respectof the land owned or held by hiin in such fornl and manner and to such authority as may be prescribed 543 Selection of Permissible Area and of m Failure to Select1 I A landownerwho has not exercisedhis r rightof reservationunderthis Act may selecthis permisslble 0 area and intimatethe selectionto the prescribedauthorio C withintheperiodspecified in Section5A andin suchfortll and I manneras may beprescribedl C5 Providedthata landowncrwho is requlred to furnisha declarationunder Section 5A shall intiinate his selection alongwith thatdeclaration 21 If a landownerfails to select his permissible area in accordance with the provisionsof sulsection 6l l the prescribed authority may subjcct 10 thcprovisions of Section5 I C selecttheparcel or theparcelsof landwhich suchpersonls 08 entitledto retainundertheprovisions ofthis Actl r Providedthatthe prescribed authority shall not make the selection without givingthe Iandownerconcernedan 7 Z opportunity ofbeingheard SC PenaltyFor Failure To Furnish Deelaration I I l lf a landowneror tenant fails to furnishthe declarationsupponed by an affidavitas required by Section 54 the authority not belowtherankof Controllerinay byorder dircct thatthewhole or partof theIandof suchlandowneror tenant in cxcess of ten standardacres to bespcciSedbv such autlloritlI shall be deemedto be the surplusareaof such Iandowneror tenant and shall be utilized bythe State Govcrnmentfor the purpose mentionedin Section10Al Xxx xxxx 10A SurplusArea For Resettlement 01 EjectedTcnants al The StateGovernment or any offlcer cnlpowered bv lt Ill this behalf shall be coinpetentto utilizc any surplusareafor theresettlementoftenantejected or to be ectcd underclause il ofsubmsection61 ofSection9 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 43 l J V 114 9 16 bl anything contained in anv other Iauofot the timebeingin forceand save in the case of Iandacquircd 1 theStateGovernmentunder any law for the timebeingin force or by an heirbyinheritanceno transferor otherdisposition of landwhich is comprised in surplus area at the commencement ofthis Act shallaffectthe utilization thereof in clause ExplanationSuch utilization of any surplusarea will not effecttherightof thcIandownerto recciverent fhn thetcnant so settled The PunjabSecurityof Land TenuresRules 1956 1 3 Form etce of declaration under Section5aA of thc Act 1 6lI The declaration supported by an affidavitrequired to be 0 furnishedunderSection A of lhe Act shall be furnishedbv a C landowner in FormsA andC andbya tenant in Iorlns B and I C eitherpersonally or by registered post C5 dueltol I al theCollectorof thedistrict if his land is situatedin such patwarcircles as are colnprised withill one districtland m 6bl theSpecialCollector if his Iandis situatedin such r patwarcircles as are comprised in more thanone I distric 08 4aBe Prescribedauthorityunder subwsectionl21of Section Cn 5aB and Section 5eC of the Act or the purpose of sub sectlon 2 of Section 5B and Section 5C of the Act the 7 Z prescribed authority shallbe 6i9theCollector if thelandsowned or heldby a Ianc Clm owner or tenant are situatein patwarcirclescomprised ln one district and Iii theSpecialCollector if theIandsowned or heldbv a Iandowneror tenant arc situatein patwarcirclescomprised in morethanone distnct 6 Assessment of surplusarea with landowners and tenants xxx XXX XXX 71 Oi The Collectoror the Special Collector shall preparea statementin formF andforward a copy thereofto the landowner or tenant concerned under cover of an endorsementprescribed in theForm andit shall be servedupon the landowneror tenant as if it were a sunlmons in the manner prescribed in Section90ofthe PunjabTenantAct 1887 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 44 1 40 4S b 17 tiil The SpecialCollectorshall also forwIarda copv of Foml F prepared byhim to theCollectorof evervdistrict in which the surplus area ofthe landowneror tenant is situate The HaryanaCeilingofLand HoldingAct 1972 12 Vestingof surplusarea 019 The surplusareaof a landowner shall from thedate on which it is declared as such shall be deenled to have been acquiredbv the State Governmentfor a publicpurposel6videAct Nol 7 of 19761 and all nghts title and lllterest includingthe coiltlilgeilt interestif any recognized byany law customor usaee for the m C time beingin forcelof a11persons in such area shall stand andsuchrightstitleand interestshall vest in the 0 StateGovernmentfreefrom any encumbrance C 2I The rightand lnterest of the tenant in his surplus area I which is includedwithinthepermissible area of theIandowner C5 shallstand I Ol The area declaredsurplusor tenant s pernlissible area Z underthePunjabIaw and the area declaredsurplusunderthe PepsuLaw