IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5549 of 1988 Date of decision : 24.8.2010 Chhotu Ram … Petitioner Versus The State of Haryana and others …Respondents Coram: Hon’ble Ms.Justice Ritu Bahri Present: Mr.Ashok Verma, Advocate for the petitioner. Mr.S.S.Goripuria, DAG, Haryana. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Ritu Bahri, J. Petitioner in this writ petition has challenged the order dated 16.3.1988 (Annexure P-3) vide which land allotted to them (Original allottees were respondents No.7 to 9 from whom the present petitioner had purchased the property in question) by the Rehabilitation Department in lieu of the land left by them in Pakistan, has been cancelled. Challenge is also to the order (Annexure P-2) passed by Assistant Registrar -cum-Managing Officer, Rehabilitation Department, Haryana, respondent No.4, vide which reference has been made for reconsideration of the land allotted to the petitioners. The petitioners had purchased the land from the original allottees i.e. respondents No.7 to 9 in lieu of the land left by them in Pakistan by the Rehabilitation Department in the year 1980. The detail of the land, as noticed in para 4, is as under:- “That in compliance with the aforesaid order dated 15.7.1980 of this Hon’ble Court in CWP no.3150 of 1968, respondents No.7 to 9 were allotted 8-1-1/4 S.As. CWP No.5549 of 1988 of Custodian Land at Village Thobria, Tehsil and District Sirsa and the remaining area to the extent of 2-12-3/4 S.As.(equivalent to 39 kanals and 12 Marlas) comprised in Rect.No.57, Killa No.19(8-0), 20(7-12), 21(7-12), 22 (0-16) and Rect.No.78, Killa No.11 (7-12) forming a part of Shamlat Land situated at village Kussar, Tehsil and District Sirsa, was allotted to them vide Parchi Allotment No.H.S.-5/226/2 dated 24.7.1982 and physical possession thereof was delivered to them.” The petitioner purchased the land measuring 07 kanals and 12 marlas comprised in Rect.No.57 Killa No.20 from the original allottees i.e. respondents No.7 to 9 for a sum of Rs.10500 /- vide registered sale dated 30.6.1983. A reference was made by the Assistant Registrar-cum-Managing Officer, Rehabilitation Haryana to the Chief Settlement Commissioner, Haryana-respondent No.3 for reconsideration of the allotment of the land in village Kussar, in exercise of his suo moto powers under Section 24 of the Displaced persons (Compensation and Rehabilitation) Act, 1954. The reference order is appended as Annexure P-2 with the writ petition. Vide order dated 16.3.1988 (Annexure P-3), the Chief Settlement Commissioner, cancelled the allotment at village Kussar Tehsil and District Sirsa, made to the allottees. The cancellation order (Annexure P-3) has been passed after following the judgment of Hon’ble the Supreme Court in case Gram Panchayat of Village Jamalpur Vs. Malwinder Singh and other, AIR 1985, S.C. 1394. The petitioners who were the subsequent purchasers to the allottees, have impugned the order (Annexures P-2 and P-3) by filing the present writ petition. To overcome the effect of the judgment of the Supreme Court in case Gram Panchayat of Village Jamalpur (supra), amendment was carried out by the State of Haryana by Act No.13, 1996 by introducing sub clause (ii-a) in clause (g) of Section 2 of the Act. The Legislature excluded 2 CWP No.5549 of 1988 from the definition of shamlat deh that shamlat land, which had been allotted to any person by the Rehabilitation Department of the State Govt. after the commencement of the Act, but on or before the 9th day of July, 1985 i.e. the date on which the Supreme Court, resolved the controversy in Gram Panchayat, Jamalpur’s case (supra). Effect of this amendment was that all the allotments made prior to the year 09.7.1985 were saved, and that the allotments made by the Rehabilitation Department before the appointed date, were not liable to be cancelled. In view of the above amendment, the Division Bench of this Court in the judgment of Veer Kaur Vs. The State of Haryana and others, (CWP No.7609 of 1988 decided on 23.5.2000), quashed the impugned order cancelling the allotment made to the allottees by the Rehabilitation Department and a direction was given to restore the possession of the land in dispute, to the petitioners forthwith. Recently, the Division Bench of this Court in case of Gram Panchayat of village Kum-Kalan Vs. The State of Punjab and others (CWP No.4816 of 1996 decided on 7.4.2010) has upheld the notification and validity of Haryana Act 13 of 1996, whereby the amendment was made by the State of Haryana to overcome the validity by Hon’ble Supreme Court in case Gram Panchayat of Village Jamalpur Vs. Malwinder Singh and other, AIR 1985, S.C. 1394 Once, the validity of the Act 13, 1996 was upheld by the Division Bench of this Court in the case of Gram Panchayat of village Kum- Kalan (supra), nothing survives in the present petition. Accordingly the writ petition succeeds. Consequently, the writ petition is allowed. The impugned orders Annexures P-2 and P-3 are quashed, and it is held that the allotments 3 CWP No.5549 of 1988 made by the Rehabilitation Department before the appointed date i.e. 09.7.1985 is perfectly valid. (Ritu Bahri) Judge 24.08.2010 sd 4