474 1 Cl N THE HlGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date ofDecision March 17 2011 LPA No731 of2009 ShashiKumar and others Appellaots Versus 1 Financial Commissioner Haryanaand others Respondents 0 CORAM HONBLE MR JUSTICE HEMANT GUPTA C HONBLE MR JUSTICE GURDEV SlNGH I 1 WhetherReporters oflocal papersmay be allowed to see the C5 2 To be referredto theReporters or not2 3 Whether thejudgment shouldbe reported in theDigest2 Z Presentl Mls RDBawa Randhir 13awaSalnuelGill and ShashiGuptaAdvocatesfor the r Ms ShubhraSinghDAG Haryanafor the State I HEMANT GUPTA Je 08 For order see LPA No30 of 2009 titled Shashl 7 Kumar and others Vs Financial CommissioIler Harvana and Z otherf le HEMANT GUPTAI JUDGE e L March 17 2011 GURDEV SINGH9 Vimal JUDGE Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 1 V 475 T THE HIGH COURT OF PUNJAB AND HANA AT CHANDIGARH J DateofDecision Marchl 2011 611 LPA Noe730of2009 ShashiKumar andothers Versus FinancialCommissionerHaryanaand others espondents 621 LPAN0031 of2009 ShashiKumar and others Appellailts Versus FinancialCommissioner Haryanaand others 31 LPA Noe732of2009 1 ShashiKumar 1 Versus 3 FinancialCommissioner Haryanaandothers 1 41 LPA NoO33 of2009 ShashiKumar andothers Appellants Versus Financial Commissioner Haryanaand others Respondents 51 LPA No734 of2009 Shashi Kumar and others ppellants Versus 1 Financial Commissioner Haryanaand others Respondcnts Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document b 476 LPANo735of2009 lUJ W Shashi Kumar andothers lppellants Versus FinancilCommissionerHaryanaandothers CWP N010684of 2001 71 e etitloners Surtaetc Versus StateofHaryanaandothers 681 CWPN015051of2001 BangiRam and another 10etitioners Versus Stateof Haryanaandothers 2espondents 91 CWP No185770f2001 1 ShashiKumar andothers etitioners 1 el Versus J 1 StateofHaryanaandothers 109 CWP No12353 of 1991 p Om Parkashandothers Petitioners Versus StateofHarvana and others espondents 11 RSA Noe2747 of 2009 Nathi Ram and another 4ppellant Versus Shashi Kumar 7Respondent Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 477 RSANol748 of 2009 l 1 49 Surtaand others lppellant Versus Chhaviandothers RSA Noe2749of2009 139 Dauli Versus ShashiKumar Respondent RSA Noe2750of2009 141 MamChalldand others lppellant Versus Divya 2espondent 151 RSA Nol755 of 2009 Doli Appellallt Versus D 1 Kumar andothers Respondents 161 RSA Noe2756of2009 le NathiRam and another 4ppellants Versus PardeepKumar and others Respondents 0171 RSA Nol757 of 2009 Sauni Devi lppellant Versus PardeepKumar and others Respondents e 1 1 Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document J 0P 478 RSA No2758 of2009 1 Surta Versus Komar andothers pondents 1 91 RSA No2759 of2009 SohanLal andothers Appellants Versus Kumar and others espondents 6201 RSA No2760 of2009 KreshniDevi andothers Appellants Versus A Pardeep Kumar andothers 2espondents 6219 RSA No161 of 2009 Puran eeAppellallt 1 Versus J 13 PardeepKumar andothers 2espondents 6221 RSA Nol762 of2009 L Mam Chand and others lppellant Versus PardeepKumar and others CORAM HONBLE MRa JUSTICE HEMANT GUPTA HONBLE MR JUSTICE GURDEV SINGH 1 Whether Reporters oflocal papers may be allowed to see thc judgment7 2 To be referred to the Reportersor not2 3 Whether the judgmentshould be reportedin the Digest2 71 Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 1 011 479 rresent MJsRllBawa RandhirBawa SamuelGill and 41 ShashiGuptaAdvocatesfor the in LPA Nos730 to 735 of2009 Mr A1CChopraSr Advocate with Mr HanninderSinghAdvocate for the inCWP Nos12353 of 1991 15051and 18577of 2001 AlllsLlllerma andKiran Pal SinghAdvocates forthe in CWP No 0684 of2001 Ms ShubhraSinghDAG Haryarlafor the Statc Mr BhagSinghAdvocate forthe in RSA Nos2747 to 2750and2755 to2762of2009 1 1 HEMANT GUPTA J J This ordershall disposeof aforementioned22 cases t of Om Parkash osincedeceasedl arisingout of surplusland case 1 A All othercases exceptCWP N0s10684 and 150510f0f2001 and A Aa CWP No 185772001pertain to the ofmutation either 3e on account of purchaseof land as tenants permissible area Or the VJ 1 settingasideofthe said orders The threewrit petitionsmentioned V 3 V above are the cases in which the issuesregarding surplusland of 3 1 Om Parkashis to be examined Leamed counselfor the partiesagreethat decision lll the said three writ petitionswould govem the remaining cases as well and such cases can be disposedof iin terms of the decision 111 the aforesaid writ petitions CWP Nos10684 of2001 and 15051 of2001 are bv some ofthe tenants who are claimingright to purchaseland as the tenants permissiblearea of big lancaowner Om Parkash The petitioners therein have challengedthe orders dated 2 9091 997 Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 1 480 0999 c 24032000 passedby the Special and the Financial Commissioner CWP Nol8577of 2007 is filed by the legalheirsof deceased Om Parkashchallengingthe aforesaid orders which are also matter of challenge in the aforesaidtwo writ petitions The facts are that Om Parkash biglanc owner was holding land in different villagesnamelyJagadhri Mandebri SughGaloli Dasani and He subinittedhis selection in Form E in accordancewith Rule 3 6 of the Punjab Securitof Land TenuresRules 19566forshort the RulesI and sent the said form under post on 19061958 to the t CollectorAmbala It was pleadedby hiln in earlier writ pettion A CWP No873 of 19879 that formswere sent to the Collector 10r thereason that no SpecialCollector was appointed till the expiiyof six months After the said selection the Collector passed an ordcr on 0907960 The said orderreadsas underl 7 3 Presentland ownerwith counsel According to Form D the land owner owned 101 SA 7118 units of laild cln 1504953 and he owns 120SA 6112unitsat present Adding L area1 SA 0118units in villageMandebri and5 SA 92 units in Farrur ownedby theland owneron 1504 953 whlch has beensubsequently sold the total area with the Iand owner comes to 127 SA 1118 units Out ofthis the following 11re8 lS under tenants as shown in the Form D relatingto the Iwld owner Jagadhri 1SA 112 units Mandebri 62SA 19e112units Sugh 1SA 5112 unitS Galoli 36SA 2e114units Dasani 2SA 11114 units Farrakhpur 5SA 912 units 119SA 14 units nnev 10 n nl Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document PP 481 Inaddition6 unitsof landare underorchardin Village 01 Mandebri Deductingarea underthe tenants and the orchard r the area with the land owner is less than his area Thereis no surplus area with the landowner The case be flled Announcedl 09071960 Sdle ColleclorJagdhri 13 e In the said order no surplusareawas found with the as afterdeducting the tenants area andthe oforchardthe land with the lanteownerwas foundto be less area thanthe area Afterthe said orderwas passed Solne Of the tenants filed for of land under Section 18 of the Punjab of Land Tenures Act 1953 or shon the Act The learned Assistant Coll ector vide its order dated e 29011969 of the as the area soughtto be A by some of the tenants was within the reservedarea of theOm Parkash In against the said order by the tenantS 1 1 thelearnedCollector remandedthe cases to the Assistant Collector 9 7 thequestion that whether the tenants are Iiable to to examine 1 land if the reservationis not madeaccording to law aild i whether such land belongsto the area ofthe land 5e4 owner TheCollector passed an order on 23121969 thatthe lanc owner hassent his selection fonn with the Form A and C to the Collectorin the year 1958 but the landowner has sold land in Villaee Binat Tehsil Thanesar District Karnal Therefore this case was to be decided by SpecialCollector It was inculnbent upon landowner to send his forms to Special Collector under Section 5A and 5B ofthe Act andunder Rules 3 and 40fthe Rulcs 1 and the forms have been sent wrongly therefore no aclion lS Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 1 lVl 482 ired on those form In the appealagainstthe SaidOrderthe 4 leaned Commissioneron I 5A970 directedthe parties to appear beforetheSpecialCollector for remdecision After the said order the learned Collector passedan order on 108 1972 14vstandard acresas the land surplus in the handsof bio laowner The againstthe said order was dismissedby Commissioner on 2210973 But the leamed Financial Commissioner vide its order dated1812974 returnedthe nlaUcr to the Special Collector after rejectingappealof the landowner 1 ThelearnedFinancial Commissionerdirectedthe SpecialCollector 1 to look into threepointsdelineatedby him in the said order The V of land measuring194 Kanals 14 Marlas situated ln VillageBinat from landownerflled a writ petitionbeforethis coull a CWP 6859 of 1974 This court set aside the order of Special 5 Collector on 13 1978 so as to decide the claim of the a1 purchaser as well The SpecialCollector thereafterreieterinined J the surplus of the Om Parkash on 0608979 The appeal case V Jl was dismissed on 21Oll981 The Financial Commissioner dismissed the revision on 220986The order passedby the 1 Financial Commissionerwas before this Coun in CWP No73 of 1987 bv Om Parkash This Court remitted the matter lo the Financial Commissioner for reiecision in accordance with law and in the light of observations made therein as the order passcd by the Financial Commissioner was found to be withoul allV reasons The learned Financial Commissioner acceptedtllc reVlSlOll Orl 16091995 The relevant extract from the said order 71 reads as underl Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 1 483 5 The secondpointin which I find a lot of nlerit is the 1 that it is duringthe purchase of the tenant that the surplusare case of the land owner was to be openedThis is a verydoubtful 10 mymind Even if it was to beopenedit couldnot havebeen donewithouttheapproval ofthe higherauthorityAdmittedly noapproval hasbeenobtainedwhilereviewing the surplus alea caseof thelandlord which hadacquiredfinalityon 971 960 The writtenargumentssubmittedby the do 1101 seemto carry muchconviction I anl Srmlyof the view thalOn thesetwo counts alone the revisionpetitionshouldsucceecl The ordersdated68979 and 20Ol 1981of the Assistanl Collectorandthe Commissionerare set aside l remandthe case back to the SpecialCollector for de novo determinationbyissuingnoticesto boththe parties 1 Thepresentroundof litigation is basedupon the order 1 passed by the SpecialCollector on 2909 1997aRer the aforesaid order of the Financial Commissioner The leamed Special A Collector heid to thefollowingeffectl eI am fully with the Ieamed counsel lor ln 1 1 landowner The orderdated16091995is verymuch clear Iil orderdated097960 surplus area case ofthe landownerwas 7 decidedandheld thattotal area ofthe landownerIvas 127 SA 1 1118units Out ofthis thefollowing areas was undertenants Villae Area SA Units Jagadh6 1 6414 Mandebri 62 12e314 Sugh 1 112 Galoli 36 2414 Dasani 2 11114 Farrakhpur 5 9112 119 14 ln addition to 6 units of land as under orchardin villauc Madabri reducingarea under the tenants and the orchard the area with the landown remains less than his permissiblc area Thereafterduringpurchaseproceedings it was detected that the landowneraiso holds land 111villageMandi and Biill falling 111 other district The positionregarding these l villages is as underl Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document Ill IP 484 Village Area Remarks SA Unit Mandi 1 112 Purchasedby tenants under ection 18ofthe Act SA Unit Bint 47 1314 Underold tenant 30 1414 sold upto30738 8 13414 Banjar 6 3314 47 1314 In the light of the above discussionseven if areas of other two villagesis counted in the total holdingsof the landownerthepositionremainsthe same ie with No Surplus A Area Thereforeafterallowing 30 SA of permissible aTea as e per his choice the remainingarea is declared as tenants 0 3 permissible area l orderaccordingly r The order passed by the SpecialCollector was affirmed 111 appealon 1210999 by the leamed Commissioner a Vr 1 The learned Commissioner found that two pointsremain to be d V A decided Firstlythepreparation ofform F and Secondlywhatis Y e V the effect of death of landowner It found that the 1 merits of the 1t vJ case are not affectedby not preparingForm F and that no such Il V plea has been raised on behalf of the landowner that the 7 mV calculations made are incorrect in any manner In respectof the 3 1 ofdeathofthe landowneron 19071992 the learned Commissionerfound thatthe heirs of the landownerfrom 1992lill 1997 had not moved any applicationbefore the SpecialCollector nor took any other to obtain the bene8t of reopening of the case of surplusTherefore the legalheirs of the landowner had no rightto make such claim in an appeal for the flrst time ln respect of plea of the tenants 111 the appealthat the order dated 0907 960 is a nullity it found that the High Court and thc Financial Commissionerhave held this order to be valid and that Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 485 remain intact The Financial Colnmissionerhas the revision in limine on 24032000 The legal heirs of thelandownerin their writ petltlon N018577of2001 have settingaside of the orders dated 1201999 and24032000 It is specificpleaded casc ofthe heirs ofthe landownerthat the order clated09071960 has attained and could not be specially in the initiated bv the tenants The relevant averments ln 13ofthe writ petition readas underl 6a Because the order datedJuly 9 1960 Annexure P l attainedthe finality could not be reoened espcciallv inthepurchase initiatedbythetenants b Because although No in paraNoA of his orderAnnexure Pl4 has foundand held that the orderdaled Julv9 1960hadattainedfinalityandthesaiddecisioncannol be ropened and no changecould be madebYtlle SPeCi01 CollectorHaryanain the same yet he erredin dismissingthe appeal flled bythe c9 Because the order Annexure Pll havingnot been 1 by anyoneincludingthe tenants and theStatethe Z authorities are to workouttheir rightswithin theambit of tlle 1 saidorderandunder no provision of law thesame couldbe tea opene Duringthe course of argumentsthe partieswere ada 1e idem in respectofselection madebythe landownerin form I8 cln 19061958ie aftertheinsertion ofSection 5A5B and 5C inthe Act vide Punj8bAct NoA6 of 1957 The said fact is admitted in the written statement filed on behalf of SpecialCollector Haryana ln the present set of writ petitionsand noticed in the order datcd 2311969 passedby the Collector attached in earlier writ petition flled by landowner It 1S also recorded in the order datcd Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 486 111987 by the Division Bench of this Court in the said 1 writ petition as well as in theorderpassed bytheSpecialCollectOr on 299997 Mr Senior Advocate appearingon behalf of the legalheirs of the landowner n arguedthat the for the declarationof surplusland of the landowner shall be deemedto be on the date of commencement of A Ceiling of Land HoldingsAct 1972 for short ihe The Harvana 1 3 Haryana Acto thereforethesurplus area caseof Om Parkashhas 3 to bedecidedin terms of Section33629iofthe HaryanaAct read J with Section10b9 ofthe Act It is arguedthat the orderpasscd V 5 bythe SpecialCollector is not sustainableas thesurplus arca ofthc W A 1 landowned by Om Parkashis to be revedetermined aflcr A r 1 his death on 1971 992 as on the said date the land was not V utilized lt is arguedthat the land can be said to be utilized only Tl when is handedover to the tenants after allotment of V J landand on completion ofother formalities The order ofaliotmellt eV J 1 itself does not amount to the completionof the process of utilization Reliance is placedupon the Honble SuprelneCoult 1a judgmentreportedas Financial Commissioner Haryana and others Vs Smt Kela Devi and another AIR 1980 SC 3097 Krishna Kumari and another Vs State of Harvuna and another 1999 01 SCC 338 and upon Full Bench judgmentof this Coun 111 SmteAiit Kaur and others Vs The Puniab State and others 1980 PLJ354 It is also arguedthat the order passedby the Financial Commlssioner on 1609 995 remandingthe case to the Special Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 1 487 ector for de novo determinationis deelnecl for re r cleterminationof surplus case ofthelandowner Om Parkash Thus no part of land would be availablefor purchase by the tenants 8s thesulpiusland area is to be determinedin the handsof legalhelrs ofOmParkashand not as in the handsofOm Parkash Reliance is placed Antu 14 Naresh Saran 2001 RCR iviO 79DBPbOAnoop Singhand others Vs The State ofHltrvanrl and others2008 21RCR ivill 626 0nPbI and Sardara Singh andothers VseThe Financial Commissioner and others 2008 01 RCR Civill744 Full Bencla Pbl It is that the order dated09071960 has beei by the Collector thoughthe surpluscase of the Iandowner 1 was to b6 decidedbySpecial Collector in terms of Rulc 4BoftloeRules as the land ofdeceasedbiglandowner was situated in more thanone district and that for declarationof surplus land ofOm Parkash shall be deemedto be pendingalso for 7 thereason that form F hasnot beenprepared Reliance is placed 1 uponGurdial Singh iiedl bv his LRs VsaStateofHarana 1993 11 RRR 541SBmPBIandAnoop Singh anti others Vs The State LP ofHarvanaand others 2008 21RCR iviO 626 DB Pb Mr LNNerma Advocate on behalf of the tenants areuedthat Order dated 93960 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 surplusIand case cannot be reopenedfor the said reason thoughthe selection of the landowner should have been made known tto the partieslt IS also the case of the tenants that selection of a pennissiblearca Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 1 488 bythe landowner cannot be eitherbythe act made Trof parties or by of law exceptwith the Ivrittenconsent of the tenantsaffectedby the change Learnedcounselalso relied a IOivisionBench of this Court reponed as Lal and othersVseStateofHarvanaand others 2001 11PLJ 148 and Kamla Devi and otlleisVs StateofHarvana and others2010 21SLJ Oc4Hl 811 It is argued that the land vests with Stateon thecommencementofHaryanaAct thereforethesurplus land area casecannot be reletennined Afterhavingheard leamed counsel for the partiesat some length we flnd that the followingquestions arisc for considerationl 1 6i Whether the order dated 09071960passed by the Collectorin respectof surplusareaof Om Parkashis flnal and 6iio Whetherthe land was unltilized on 19071992 1 thedate of deathof Om Parkash therefore 1e the land area was required to be rem 7 in terms of Section 33 of the 1 Act read with Section 1eA ofthe Act 6iii Whether the tenant s arca 1 determinedin orderdated 97 1960 vests with tenantsand stand utilized on the said date itself2 To considerthe argulnentsof thc Icarncd counsel for the partiesthe relevant provisionsof the Punjab Security ofLand Tenures Act 1953 and Rules fralned therevunder andthe provisionsof the HaryanaCeiling of Land HoldingsAct 1972need to be extracted Such provisionsread as under The PunjabSecurityof Land Tenures Act 1953 Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document r 489 A Declaration By Atlidavits To Be Furnished ByCertain Landowners And Tenants Everl V tJ or tenant who ons or holdsland ih excess of the area andwhere land is situatedin more than one Patwar circle shall61mishwithin a periodof sik monthsfrom thecommencement of the PunjabSecurityof Land lenures Act 1957 a declaration by all affidavit in respectof theland ownedor held byhim in such forinandmanner andto suchauthority as may be 5B Selection of Permissible Area and of Failure to Selectl61A landownerwho has not exercisedhis rightof reservationunderthisAct may selecthis permissible area andintimatethe selectionto the prescribed authorit withintheperiodspecified in Section A andin suchformand manneras may beprescribedl Provided that a landownerwho is required to furnisll21 declaration under Section A shall intimatehis selection alongwith that declaration J 621If a landownerfails to select his permissible area Iil with le of sulsection o11 the authority may subject to theprovisions of Section5v C select the parcel or the parcelsof landwhich suchperson is entitledto retainunder theprovisions ofthis Act Providedthat the prescribed authorityshall not make the selection without givingthe landowner concernedan opportunity ofbeingheard 1 5C PenaltyFor Failure To Furnish Declaration 11ll 0 landowneror tenant fails to futnishthe declarationsuloponed by an affidavit as requiredby Section eA the prescribed f authority not belowthe rankof Controllermay byorder direct thatthe whole or partof the land of such landowner or tenallt in excess of ten standardacres to be specifled by suchauthorily shall be deemed to be the surplllSarea of such landowner t11 tenant and shall be utilized by the StateGoverntnent for the purposementioned in Section 10A1 XXX XXXX 10A SurplusArea For Rcsettlement of EjectedTenants 4alThe State Govemment or any officer empoweredby lt lll this behalf shall be competentto utilize any surplusarea for the resettlement oftenant ected or to be ejectedunder clause ci9ofsubwsectionO19ofSection 9 Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document r 1 c1 490 6b anything containedin any other laiNfor the timebeingin forceandsave in tlle case of landacquired b V the StateGovemmentLinder8nylaw for thetimebeingin force orby heir byinheritanceno transfer or otherdisposltion of landwhich is comprised in surplus area at the commencement ofthis Act shallaffecttheutilizationthereofin clause Such utilization of any surplus area will nol effect therightofthe landownerto receiverent fronltllc teilant so settled ThePunjabSecurityofLand TenuresRules 1956 30 Formetc of declaration under Section5A of tlle Act 611The declarationsupported by an affidavitrequired to be underSection5A of theAct shallbe furnishedby a in FormsA andC andbya tenant in Forms B and C either or by registered post dueO to 6a theCollectorofthe district ifhis landis situatedin suchpatwar circles as are comprised within one districtland J 1 Ioo theSpecialCollectorif his landis situatedm such circlesas are in more thanone distric 4eB Prescribedauthorityunder submsectiont21of Section 1 5mB and Section 5mCof tbe Act for the purposeof s 1 sectlon 29of Section 5mBand Section of tlle Act tlle J authorityshalbe ci the Collector if thelandsownedor heldbv a Iandm 3 owneror tenant are situatein patwarcirclescomprised lll Olle districtand 0iOthe SpecialCollector ifthe landsownedor heldby Lf a landowner or tenant are situatein patwarcircies comprised in rnorethanone district 6 Assessment of surplus area with landowners and tenants XXX Xxx XXX 71ci The Collector or the SpecialCollector shall prepare a statement in form F and forward immediately a copy thereof lo 1 the landowner or tenant concerned under cover of an endorsement prescribed in the Form and it shall be served uptlll thelandowner or tenant as if it werc a summons in the manncr in Section 90 ofthe PunjabTenant Act 1887 Parkash Om 2014.07.23 15: 32 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 15:58 I attest to the accuracy and integrity of this document 491 ii The Special Collectorshallalsoforwarda copy of Fornlle 7 byhim to theCollcctorof every districtin whichthe r surplus area ofthe landwner or tenant is sltuate 95 CeilingofLand HoldingAct 1972 12 Vestingof surplusarea The surplus area 0f a landowner shall 6fromthe date on which it is declaredas such shall be deemed to have been acquiredby the Slate for a publicpurposel6videAct Nol7 of 19761 and all rightstitle and interest 6includingthe contingetot interestif any recognized byany law custom or usage for the time beingin forcelof all personsin such area shall stand A andsuchrightstitle and interestshallvest in lhc 1 1 StateGovernmentfreefrom any encumbrance 3 62I The rightand interestof the tenant in his surplus arca whichis includedwithinthe permissible area of the Iandownct J shallstand 31 The area declaredsurplusor tenants permissiblc arca e underthePunjablaw andthe area declaredsurplusundertlle 1 PepsuLaw which has not so far vested in the State V Goveent shall be deemedto have vested in the State A r Govemmentwith effect from the appointedayand the area 1 which noay be so declaredunder thePuniablaw or thePepsu 9t law aftertheappointed dayshallbe deemedto have