e 86 COURT OF PUNJAB AND HARYANA AT THE HIGH CHANDIGA 1 61 1 1 DateofDecisionMarch 2011 1 LPA No730 of2009 ShashiKumar andothers Appellailts Versus Financial CommissionerHaryanaandothers espondents 29 LPANoe731 of2009 ShashiKumar and others lppellatlts Versus FinancialCommissioner Haryanaand otbers espondents 31 LPA No732 of2009 ShashiKumar Ippellant Versus J FinancialCommissioner Haryanaand others Respondents 1 41 LPA No733 of2009 ShashiKumar andothers lppellanls Versus FinancialCommissioner Haryanaand others Jesponclents 51 LPA No734 of2009 ShashiKumar and others AppeilalllS Versus 1 Financial Commissioner Haryanaand others espondcnts JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 1 87 LPA N00735of 2009 6J I P ppellants 7 ShashiKumar and others Versus l l Haryana andothers Financial CWP 71 etitloners Surta etc Versus State of Haryanaandothers CWPN015051of2001 81 Petitioners BangiRam and another Versus StateofHaryanaandothers espondents CWPNo18577of 2001 9 ShashiKumar andothers OetltlOllers Versus 1 1 2espondents Stateof Haryanaandothers 100 CWP N0012353of 1991 OmParkashand others Petitioners Versus Stateof Haryanaand others 2espondents 6111 RSA NoX147 of 2009 NathiRam and another Appellant Versus ShashiKumar 2espondent JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 3 r 88 RSA Nol748 of 2009 4 Surtaand others 1V Versus Chhaviandothers 2espondents 131 RSA Noe2749of2009 Dauli 4ppellant Versus ShashiKumar espondent 6141 RSA No2750 of 2009 Maln Chand andothers lppellailt Versus A Divva espondent 151 RSA No2755 of 2009 1 Doli lppellallt 1 Versus 3 1 Pardeep Kumar and others espondents 161 RSA No756 of 2009 Nathi Ram andanother Versus PardeetoKumar and others Respondents 171 RSA No2757 of 2009 Sauni Devi Appellant Versus 7J PardeepKumar and others Respondents JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 4 89 RSA No2758 of 2009 1 4 Surta lppellants 1 pv Versus Komar and others 7espondents 191 RSA No2759 of2009 SohanLal and others Versus Kumar andothers Respondents 20 RSA Nol760 of 2009 KreshniDevi andothers Appellants Versus Pardeep Kumar and others 7espondents 211 RSA N01761 of2009 Puran eeAppellant Versus Pardeep Kumar andothers esponden 221 RSA No2762 of 2009 Mam Chand andothers eAppellant Versus PardeepKumar and others espondents CORAM HONBLE MR JUSTICE HEMANT GUPTA HONBLE MR JUSTICE GURDEV SINGH 1 Whether Reportersof local papers may be allowed to see the judgment2 2 To bc referred to the Reporters or not2 3 Whetherthe judgmentshould be reportedin the Dieest2 71 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document Se 40 liooont MJsRD3awa RandhirBawa SamuelGill and ShashiGupta Advocatesfor the 4 in LPA Nos730 to 735 of2009 Y Mr KChopra Sr Advocate with Mr HarminderSinghAdvocate for thepetitioners inCWP Nosl2353 of 1991 15051and 18577of 2001 MlsLNNerma andKiranPal SinghAdvocates forthe in CWP No0684 of2001 Ms ShubhraSinghDAG Haryanafor the Statc Mr BhagSinghAdvocate forthe in RSA Nos2747 to 2750 and2755 to 2762of2009 HEMANT GUPTA Je This ordershall disposeof aforementioned22 cases arlsin2 out of surplusland case of Om Parkash 6sincedeceasedl All othercases exceptCWP N0s10684 and 150510fof 2001 and A CWP 0 185772001pertain to the of inutationcither on account of purchase of land as tenants permissiblearea orthe 1 settingasideofthe said orders The threewrit petitionsmentioned J the cases in which the issuesregarding surplusland of above are 1 Oln Parkashis to be examined Leamed counsel for the partiesagree that decision lll the said three writ petitionswould govem the remaining cases as well and such cases can be disposedof in terms of the decision in the aforesaid writ petitions CWP Nos10684 of2001 and 15051 of2001 are bv some of the tenants who are claimingrightto purchaseland as the tenant s permissiblearea of bie landowner Om Parkash Thc petitioners therein have challengedthe orders dated 29091997 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 6 41 by the SpecialCollector 1999 2403 2000 andthe Financial Colnmissioner VO Commissloner 9V CWP No18577 of 2007 is filed by the legalheirsof deceased Om Parkash the aforesaidorders which are also matter of challengein the aforesaidtwo writ petltlons The factsare that Om Parkash big lanc owner ivas land in differentvillagesnamelyJagadhri Mandebrle Galoli Dasaniand He submittcdhis selection ln FormE in accordancewith Rule 3 oIof the Punjab Securltv ofLand TenuresRules 1956 Oforshort the Rules and sent the said form under post on 19061958 to thc CollectorAmbala It was pleadedby him in earlier writ petltlOll CWPNo873 of 19879thatforms were sent to the Collector lor the reason thatno SpecialCollector was appointed till theexpiryof 1 sixinonths After the said selection the Collector passed an order 1 0907 960 The saidorder readsas under on J 3 Presentlandownerwith counsel Accordingto Form D the land owner owned 101 SA 7m1 18 units of land 0111 1504953andheowns 120SA 6412 unitsat present Adding area 1 SA 1e118unitsin villageMandebriand5 SA 9 12unit in by theland owneron 151953 which hasbeen sold the total areawith the Iand 0wtler comes to 127SA 118 units Out ofthis the following area t5 undertenants as shourn in the Form D relatingto the land owner Jagadhri 1SA 4112 units Mandebri 62SA 1912 units Sugh 1SA 112 units Galoli 36SA 114 units Dasani 2SA 11114 units Farrakhpur 5SA 9112units 119SA 14 units JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document e 42 Inaddition6 unitsof land are underorchardin Villagc Mandebri Deducting area underthe tenants and theorchard with the land owner is less than hi the area 1 r r area Thereisthereforeno surplus area with thc landownerThe case befiled Announced09Ol 1960 Sdle CollectorJagadhri In the said order no surplusareawas found with thc as afterdeducting thetenants area and the area of orchard the landwith the lancowner was foundto be less than the area After the said orderwas passed solne of the tenallts filed for purchase ofland under Sectlon 18 ofthe Securityof Land Tenures Act 153 or shon thc Act I The leamed Assistant Collector vide its order dated 29Ol1969 of the as the area soughlto bc A by some of the tenants was within the reservedarea ol W 91 the Om Parkash In appealagainstthe said order by the tenants 1 thelearned Collector remandedthe cases to the Assislant Collector V 3 the questionthat whether the tenants are 1iable to to examine AW 3 land if the reservationis not madeaccording to law aild 1 whethersuch land belongsto the area of the lanc owner The Collector passed an order on 2312969 that the Ianc owner hassent his selection fonn with the Form A and C to the Collector in the year 1958 but the landowner has sold Iand in VillageBinat Tehsil Thanesar District Karnal Therefore this case was to be decided by SpecialCollector It was incuinbent upon landowner to send his forms to Special Collector undcr Section 5A and 5B ofthe Act and underRules 3 and 40fthe Rules and the forms have been sent wrongly therefore no actiOn IS JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document v8 43 edon thoseforms ln the against the said order thc 5P leaned Cornmissioneron 15A 1970 directedthe paniesto appear 1 9 Cll Y beforethe Collector for readecision After the said order the learned Collector passedan order on 1091972 14standardacres as the land surplusin the hands of big landowner The againstthe said order was dismissedb0 Commissioneron 22101973 But the learned Financial vide its order dated18121974 returnedthe matter to the Collector after rejectingappealof the landowner The learned FinancialCommissionerdirectedtheSpecialCollector to look into threepointsdelineatedby him in the said order Thc of land 194 Kanals 14 Marlas SilUaled 111 Village Binat from landowner61eda writ petition beforethis courl CWP 6859 of 19741This court set aside the order of Special Collector on 13 1978 so as to decide the claim of the 1 as well The SpecialCollector thereaRerlletermined the surpluscase ofthe Om Parkash on 06081979 The appeal 1 was dismissedon 21 Ol 981 The Financial Cominissioner dismissedthe revision on 2201 986 The order passedby thc FinancialCommissionerwas beforethis Coun in CWP No873 of 1987 by Oln Parkash This Court remitted the matter lu the Financial Commissionerfor reiecision in accordancewith laul and in the light of observations made therein as the order passed bv the Financial Commissioner was found to be withoul aill reasons The leamed Financial Commissioner acceptedthc revision on 16091995 The relevant extract from the said order V reads as underl JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document i 44 0 The secondpointin which I find a lot of nlerit is the that it is duringthe purchase of ihe q tenantthat the sulplusarea case of the land owner Il its Cl to beopenedThis is a verydoubtful 10 mvmind Even if it was to be opened it couldnot havebeell donewithouttheapproval of thehigherauthontyAdmittedll noapproval hasbeenobtainedwhilereviewing thesurplus area case of the landlord which had acquiredfinalityon 97960 Thewritten argumentssubmittedby the do llOl seem to carrymuchconviction I anl flrinlyof thevicw thaltil thesetwo counts alone the revisionpetitionshould succeed Theordersdated 63 979 and 20Ol1981 of the ASSiStallt Collectorandthe Commissioner are accordingly set aside remandthe case back to the SpecialCollector for de novo determination byissuingnoticesto boththe parties Thepresentroundof litigationis baseduponthe order by the SpecialCollector on 290 91 997 aRerthe aforesaid order of the Financial Coinlnissioner The leamed Speclal A Collectorheld to thefollowingeffect I am fully in aereement with the leamed counsel ior 1 landownerThe orderdated16091995is verv muchclear In 1 orderdated09960 surplus area case of thelandolvnerv V J decidedandheldthattotal area of thelandownerwas 127S 3 1118units Out ofthis thefollowing areas was undertenatlt Village Area SA Units Jagadhri 1 614 Mandebri 62 12414 Sugh 1 5112 Galoli 36 214 Dasani 2 11114 Farrakhpur 0 9112 119 14 In addition to 6 units ofland as under orchard in illacc Madabri reducingarea under the tenants and the orchard thc area with the landowner remains less than his permissiblc area Thereafter duringpurchaseproceedings it was dctecled that the landowner also holds land in villageMandi and 13ill l fallingin other district The positionregardi ng these t villagesis as under JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 45 1 Village Area Remarks SA Onit J 1 1 Mandi 1 112 Purchasedbv tenants under F Section18 ofthe Act 1 SA Unil Bint 47 15314 Cnderold tenant 30 1414 sold upto30738 8 1334 Banjar 6 3114 47 153 4 In the lightof the abovediscussions evenifareas 01 other two villageslS counted in the total holdingsof the landownerthepositionremainsthe same 1e with No Surplus Area Thereforeafterallowing30 SA of area as perhis choice the remaining area is declared as tenatllS area I orderaccordingly 1 0 The order passedby the Special Collector was affirmed in appealon 1201999 bv the learned Commissioner The learned Commissioner founcl that two pointsreinain to be A decided Firstlythe of form F and Secondlywhat lS dA the effect of deathof landowner It found that the merits of tlle se case are not affected by not prepanngForm F and that no such plea has been raised behalf of the landowner that tlle on J calculations made are incorrect in any manner In respectof the 1 ofdeath ofthe landowneron 1911992 the learned Commissioner found that the heirs ofthe landownerfrom 1992 till 1997 had not moved any beforethe SpecialColleclor IlOr took anv other to obtain the bene6t of reopening of the case of surplusTherefore the legalheirs of the Iandowner had no right to make such claim 111an appealfor the first time ln respectof plea of the tenants 1n the appealthat the order datcd 09071960 is a nullity it found that the High Court and the Financial Commissionerhave held this order to be valid and that the rightsofthe tenants are not affected as the tenants permissible JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document l1 6 ould intact The Financial Commissioncrhas 0 the revision in limine on 24032000 5 e 91 9r The legalheirs of the landowner in their writ petltlOll of 2001 have soughtsettingaside of the orders dated 2991997 12101999 and 24032000 It is speciftc pleaded casc ofthe leealheirs of the landownerthat the order dated09071960 has attained and could not be specially in the initiated bv the tenants The relevant averments in 13ofthe writ petition read as undel al Because the orderdatedJuly 9 1960 Annexure P attainedtheflnalitycould not be espccialli inthepurchase initiatedbythetenants 6b1Becausealthough No in para NoA of his orderAnnexure Pl4 has found and held that the orderdated July9 1960hadattainedflnalityandthe said decision canIlOl be and no changecould be madeby the Special CollectorHaryana in the same yet he erredin dismissing the appeal flledby thelandownerletitioners c Because the order Annexure Pll havingnot beeo byanyoneincluding the tenantsand theState thc authorities are to workouttheirrightswithin lhe anlblt of lhe saidorderandunder no provision of law the satne could be rce opened Duringthe course of argumentsthe panieswereod idenlin respectof selectionmadebythe Iandownerin form E on 196 1958 1e afterthe insertionof Section5A 5B and 5C in the Act vide PunjabAct No46 of 1957 The said fact is admitted in thc written statement filed on behalf of SpecialCollector Haryana 111the present set of writ petitionsand noticed in the order datcd 2312969 passedby the Collector attached in earlier writ petition filed by lancowner It is also recorded in the order datcd JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1V 47 ovil1987 by the Division Bench of this Coun in the said writ petitionaswell as 111theorderpassedby the SpecialCollector on2909997 Mr ACChopraSenior Advocate appearing on behalf of the legalheirs of the landowner arguedthat lhc for the declarationof surplusland of the landowncr shall be deemedto be on the dateof commencement 01 The HarvanaCeilingof Land Holdings Act 1972 for short the Haryana Act thereforethesurplusareacase of Om Parkash has to bedecided in terms of Section3362i ofthe HaryanaAct read 1 with Section 10A0l ofthe Act lt is arguedthat the orderpasscd bytheSpecialCollector is not sustainableas the surplus area ofthe landowned by Om Parkash ls to be r1etermined aflcr A his death on 1931992 as on the said date the land was llOl utilizecl It is arguedthat the land can be said to be utilized onlv when possessionis handed over to the tenants after allotment 01 V 7 land and on of otherformalities The order of allotlncnt 1 itself does not amount to the of the process 01 utilization Reliance is placedupon the Honble SuprelneCotill judgmentreportedas Financial Commissioner HarFana and others Vs Smt Kela Devi and another AIR 1980 SC 309 Krishna Kumari and another VseState of Harvana and another 1999 l1 SCC 338 and upon Full Bench judgmentof this Coun lll Smt Aiit Kaur and others Vs The Puniab State and others 1980 PLJ354 It is also arguedthat the order passedbv the Financial Conlmissioner on 16091 995 reinandingthe case to the Special JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document I 98 tor forde novo determinationis deemed Ior rc detenninationof surplus case ofthelandownerOm Parkash Thus 9 41 part of land would be availablefor by the tenants as no thesurplusland area is to be determinedin the handsof legalheirs ofOmParkashandnot as in the handsofOm Parkash Reliance i placedupon Antu Vs Naresh Saran 2001 2J RCR CiviO 79DBPbl AnoopSingh and others Vs The StateofHurvanll und otllers2008 21RCR Civill 626 DBPbl andSardara Singh and othersVs The Financial Commissionerand others2008 RCR Civi0744Full BenchwPbl It is that the order dated09071960 has been by the Collector thoughthe surpluscaseof the landowner was to be decided bySpecial Collector ln termsof Rule 4Bofthe Rules as the land ofdeceased biglandowner was situated in lnorethan one district and that for declaratoiono f surplus land of Om Parkashshall be deemedto be pendingalso Ior the reason thatform F has not beenprepared Reliance is placed uponGurdial Sinh diedlbv his LRs Vs State ofHarvonu 1993 11RRR 54SBPBJ andAnoop Sint and others Vs The Stttte ofHarrana and others 2008 RCR CiviO 626DB Pb Mr LlVerma Advocate on behalf of the tenanls ar2ued that Order dated 97 960 cannot be said to be void tlr without iurisdiction only for the reason that the same was passcd by Collector and not by SpecialCollector and that surpluslatld case cannot be reopened for the said reason thoughthe selection 01 the landowner should have been made known to the paitiesIt is also the case of the tenants that selection of a permissibleare3 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document e 9 inadebv the landowner cannot be either bv the acl or by of Iaw exceptwith the written consent ol A 6 thetenants affectedbythe change Learned counsel also relied 18 a Division Bench of this Court reported as Lal andothers Vs StateofHarvanaand others2001 11PLJ 148 andKamla Devi and others Vs StateofHarvanaand others2010 2 SLJ 1P8HJ 811 It is arguedthat the land vests with Stateon thecommencementofHaryanaAct thereforethesurplus land area casecannot bereletermined Afterhavingheard Iearnedcounsel for the partics2Il some lcngth we flnd that the followingquestionsarise f consideratior i9 Whether the order dated09071960 passedbv A the Collector in respectof surplusarea of On Parkashis final and iil Whetherthe land was uneutilizedon 191992 1 thedateof deathof Om Parkash therefore i the surplusland area was requiredto be r 3 determinedln terms of Section 33 0 thc Haryana Act read with Section 10A ofthc Acl 6iiiJ Whether the tenants arca determinedin order dated 91960 vests Iviih tenantsand stand utilized on the said date itself7 To consider the respectiveargumentsof the Icarncd counsel for the partiesthe relevant provisionsof thc Punjab Securitv of Land Tenures Act 1953 and Rules framed thereinder and the provisionsof the MaryanaCeiling of Land loldings Act 1972need to be extracted Such provisions read as underl The PunjabSecurityof Land Tenures Act 1953 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 4 00 A Declaration By Amdavits To Bc By Certain Landowners And Tenants 19letl or tenant who owns or holds land in excess of the 1 area andwhere land is situatedin more thtill OllC 1 Cll Patwar circle shallfurnish within a periodof six monthsfronl thecommencement of the PunjabSecurityof Land Tenure Act 1957 a declaration bv 1111 affidavit in respectof thelandowned or held by him in SUch forinand nlanner andto suchauthority as may be 5B Selectionof Permissible Area and of Failure to Select119A landowner who has not exercisedhi riehtof reservationunderthis Act may selecthis permissible area andintimatethe selectionto the authoritl urithin theperiodspecifled in Section5eAandin suchformand manneras maybeprescribed Provided thata landownerwho is required lo furnisll il declaration under Section A shall intimate his selectioil alongwith that declaration 21 If a landownerfails to select his permissible irca ill with the provisionsof sulsection 11 Ihc authority maysubiectto theprovisions of Seclion5 7V C selecttheparcel or theparcelsof landwhich suchperson15 entitledto retainunder the provisions of this Actl Providedthat the authority shall 1101male the selection without givingthe landowner concerned 1111 opportunity ofbeingheard 1 5eC Penaltv For Failure To Furnish Declaration l 11ll 3 Iandowner or tenant fails to 81rnishthedeclarationsupported by an affidavit as requiredby Section 50A the prescribcd authority not belowtherankof Controllermay byorder dircct thatthe whole or part of the land of such landowneror tenanl in excess often standardacres to be specified by suchauthonll shall be deemed to be the surplusarea of such landownei 111 tenantand shall be utilized bythe StateGovernnlentfor tllc purposementionedin Section 10Al XXX XXXX 10A SurplusArea For Resettlement of Ejected Tenantv 6aJThe State Government or any offlcer empoweredby lt lll this behalf shall be competent to utilize any surplusarea f71r theresettlement oftenant ejectedor to be ejectedunder clausc ol ofsubsection cl1ofSection JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 4 Ol 101 anything containedin an other 31 Ior thetimebeingin forceand save in thecasc of landacquircd bI theStateGovernmentunderany law for thetimebeingin force s41 or byan heir byinheritanceno transferor otherdisposition 01 landwhich is comprised in surplus area at thecommencement ofthisAct shallaffecttheutilizationthereofinclause Such utilizationof any surplusareawill nol effecttherightof the iandowner to receivercnt fromthctenaill so settled ThePunjabSecurityof Land TenuresRules 1956 3e Form etceof declaration under SectionSA of the Act The declaration bv an aOIdavitrequired 10 hc underSection 4 of theAct shaIlbe furnishedb a landowner in FormsA andC andby a tenant in FormsB anJ C eitherpersonally or bv registered post acknowledgeineill duelto 6al theCollectorof thedistrict if his landis situatedin suchpatwarcircles as are comprised within one district and bl theSpecialCollector if his landis situatedin such patwar circlesas are comprised in more thanone distric 4B Prescribedauthorityunder sulvsection 21of Section D 5eBand Section5eC of the Act or the purposeof subv 1 secnon 21 of Section52B and Section SC of the Act the J prescribed authorityshall be 1 iI the Collector if the landsownedor held blt a Ianc owner or tenant are sltuate in patwarcirclescomprised lll OllC district and ii theSpecialCollector if thelandsownedor heldbl a landowneror tenanl are situatein patwarcirclescomprised iil morethanone district 6 Assessment of surplus area with landowners and tenants XXX Xxx Xxx 671cil The Collector or the SpecialCollector shall prepare a staternentin form F and forward immediately a copy thereotlto the landowner or tenant concerned under cover 01 lll endorsementprescribed in the Foim and it shall be served upIil the landowner or tenant as if it were a summons in the manncr prescribed in Section 90 ofthe PunjabTenant Act 1887 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 402 iil TheSpecial Collectorshallalsoforwarda copvof Form byhim to theCollectorof evervdistrictin which thc cP 1 area ofthe landowneror tenant ls sltuate 1 J S 14 TheHarvana CeilingofLand HoldingAct 1972 12 Vestingof surplusarea ll The surplusareaof a landownershall fromthedateon which it is declaredas such shallbe deemed to have been acquiredby the Statc Government for a public purpose vide Act No 7 of 19761 and all rights title and interest oincludingthe contingenl ifany bv anylaw custom or usagefor thc time beinglll forcelof ali personsin such area shall stand andsuchrightstitle andinterestshall vest in the StateGovernmentfreefrom any encumbrance1 t21The rightand interestof the tenant in his surplus WC21 whichis includedwithinthepermissible area of the Iandowncr shallstand Ol The area declaredswplus or tenants permissible arca underthe law andthe area declaredsurplusunderthe PepsuLaw which has not so far vested in the St2i1c shall be deemedto have vested in the State A with effect from the appointed dayand the arcll whichmay be so declaredunderthePunjablaw or the Pepsu lawafterthe appointed dayshallbe deemedto have vestedIil 1 theState Govemmentwith effect from the datc 01 such V declaration 7ideAct No4O of 19761 J 33 Repealand Savings XXX xxx 1 21 iil the proceeding for the determinationof thc surplus arca beforethe commencement of this Ac under tbeprovisions of eitherof tbe said enactments which shallbecontinuedand disposed off as it this Act had not bccn andthesurplus area so determinedshallvest in atld be utilizedby the Slate Govemmentin accordancewith tllc provisions ofthis Act The Scheine of the Act including tbe scoi2e of Sections 5L 52B 2 SC inserted by PunjabAct NoA6 of 1957 came up for consideration before the Honble Supreme Coun 11111 judgmentreportedas Laipat Rai and others Vs The State of Puniab and others AIR 1981 SC 1401 In the aforesaid case onc JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 4 03 of the effect of intimationlIl decided1S lll C FormE made to the Collector It was held that intimation ln W4 Form E is about a selectionof the area undersub 1 ofSection 5 3The llonble Courtheldtothefollowine effectl 6 In relationto contentioncalthe followingpropoSltlOllS fromtllevariousprovisions oflawjustaboveset outl 3 6ilReservation of land was onlyin section 111 of theAct andhadto be intimatedwithinsix inonthsfr0117 the dateof commencementofthat Act ie on or beforelhe 15 October1953 6iioNoprovision was ever madein the Act or therule framed thereunderfor a reservationof land by a landowner whohad failedto sendan intimationthereofon or belore thc 15 Octobe195 iiil What was provided by section B was intcra1121 thata landownerwhohadnot exercisedtherightof reservation under the Act could select his area and send thereofin Form E to theprescribed authoritvwithn aperiodof six monthsfrom the 11 December 1957 Oll Ol before 11 Mav 1958 Reservationwas somethiilg dillerelll fromthe selectionof area The two terms Welc n not onlv not svnonvmous but were mutuallyexcluslle Selection 9 of permissible area was allowedonlyto a landlord whohadnot exercisedhisrightof reservation ivI Form E was meant onlyfor intiinationof selectitlll of permissible area undersubasection611of Section5B and not for reservationunder subsection61 of Section 5 nhich could be madeonly through an intimationin the Fornl in AnnexureB to the 1953Rules In the presentcase the landowner has subinittcd his selection of permissible area to the Collector on 1961958 as in Section eB of the Act It is thereafter the Colleclor an order on 09071960 It was found by the Collector that aftergirringbenefit of tenant s permissible area and the