LPA No. 2293 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: December 15, 2011 L.P.A. No.2293 of 2011 (O&M) Gram Panchayat, Garh Sanari ... Appellant Versus Ram Sarup and others. ...Respondents L.P.A. No.2294 of 2011 (O&M) Gram Panchayat, Garh Sanari ... Appellant Versus Niti Sen Bhatia and others. ...Respondents L.P.A. No.2295 of 2011 (O&M) Gram Panchayat, Garh Sanari ... Appellant Versus Khub Chand and others. ...Respondents CORAM: HON'BLE MR. JUSTICE SATISH KUMAR MITTAL, HON'BLE MR. JUSTICE PARAMJEET SINGH. Present: Mr. S.S. Kharb, Advocate, for the appellant(s). Paramjeet Singh, J. The above mentioned three Letters Patent Appeals bearing LPA No. 2293 of 2011, 2294 of 2011 and 2295 of 2011 have been listed together for hearing. Learned counsel for the appellant has referred to the facts in L.P.A. No. 2293 of LPA No. 2293 of 2011 2 2011. The identical question of facts and law arise in all these Letters Patent Appeals as they arise from the common order of learned Single Judge. The instant Letters Patent Appeals have been filed against order dated 23.12.2010 of the learned Single Judge whereby order dated 21.12.1987 (Annexure P/5) passed by the Chief Settlement Commissioner under the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to 1954 Act) has been set aside and transfer of land in favour of the respondents prior to 09.07.1985 has been upheld. Though these appeals are barred by limitation as along with the appeals, the appellant(s) has filed an application for condonation of 321 days of delay in filing the appeal, however, without taking the said delay into consideration, the appeals have been heard on merits. The brief facts of the case are that one Teja Singh son of Jiwanda Singh owned agricultural land in Pakistan. He left the Pakistan during the partition of the country. He was allotted rural evacuee agricultural land in three different villages. The land measuring 3 Std. acres and 13-3/4 units equal to 61 kanals 9 Marlas situated in Village Ghisarpari District Karnal was allotted to Teja Singh vide Sanad Taqseem Arazi Matruka dated 29.08.1984 (Annexure P/1). The same LPA No. 2293 of 2011 3 was entered in the revenue record in the name of Teja Singh and the permanent rights were conferred upon him vide Sanad (Annexure P/2). Teja Singh sold the land measuring 39 Kanals 15 Marlas situated in Village Gharsarpari on 12.11.1984 to the respondents. When the land was allotted, it was uncultivable. The land allotted to Teja Singh was an evacuee property left by the Muslim owners, who migrated to Pakistan. Such land vested in the custodian under the provisions of the Administration of Evacuee Property Act, 1950”. We have heard the learned counsel for the appellant and have gone through the impugned order passed by the learned Single Judge, as well as, the order passed by the Chief Settlement Commissioner. Admitted facts on the record to the effect that Teja Singh was an allottee who had migrated from Pakistan at the time of partition of the country. The land in dispute was allotted to Teja Singh on 29.08.1984 (Annexure P/1) and was subsequently, permanent rights were conferred vide Sanad Taqseem Arazi Matruka (Annexure P/2). Teja Singh transferred the land in question in favour of the respondents vide sale deed dated 12.11.1984. In view of the decision of the Hon'ble Supreme Court in Gram Panchayat, Jamalpur versus Malwinder LPA No. 2293 of 2011 4 Singh reported in AIR 1985 Supreme Court, 1394, the State of Haryana made amendment in the Punjab Village Common Lands (Regulation) Act, 1961 vide Haryana Amendment Act No.13 of 1996 which received the assent of Governor of Haryana on 08.04.1996. By this amendment, sub-clause 2(ii-a) was introduced after clause 2(ii) of Section 2 (g) and the land allotted on or before 9th July, 1985 were excluded from the purview of Section 2(g) of the Punjab Village Common Lands (Regulation) Act, 1961(hereinafter referred to as the Act). The validity of the amendment in the Act has been upheld by the Division Bench of this Court in CWP No. 4816 of 1996 Gram Panchayat of Village Kum-Kalan versus The State of Punjab and others, decided on 07.04.2010. After the judgment in the case of Gram Panchayat, Jamalpur, the land allotted to Teja Singh, predecessor-in- interest of the private respondents, was cancelled by the Chief Settlement Commissioner vide order dated 21.12.1987 (Annexure P/5). The same has been challenged by the respondents in the writ petitions alleging that the order was unwarranted, illegal, arbitrary, without jurisdiction and authority of law, as well as, against the settled principles of law. The learned Single Judge has set aside the order of the Chief Settlement Commissioner. Hence, this Letters Patent LPA No. 2293 of 2011 5 Appeal. The learned Single Judge has held that case of the Gram Panchayat is not covered by the judgment rendered in Gram Panchayat of Village Jamalpur's(supra). The subsequent amendment in Section 2(g) of sub-clause 2(ii-a) of the Act, save all allotments made upto 09.07.1985. Admittedly, allotment in this case is before the said date, so order dated 22.11.1985 of the Commissioner cannot have an over-riding effect to nullify the purport of the Amendment Act. We concur with the findings recorded by the learned Single Judge. Consequently, appeals are devoid of merits. Dismissed in limine. (PARAMJEET SINGH) JUDGE December 15, 2011 (SATISH KUMAR MITTAL) vkd JUDGE