414 j THE HIGH COURT OF PUNJAB AND HARYANA AT J CHANIOIGARH 04 DateofDecisionl 2011 LPA No730 of 2009 11 ShashiKumar andothers Appell atllS Versus CommissionerHaryanaand others 21 LPAN0731 of2009 ShashiKumar and others Appellailts Versus FinancialCommissionerHaryanaand others espondents 31 LPA Noe732of2009 ShashiKumar lppellalll Versus FinancialCommissioner Haryanaandothers Responclents 1 641 LPA No7133of2009 ShashiKumar and others 4ppe llaillS Versus FinancialCommissioner Haryanaand others espondents 651 LPA No734 of 2009 ShashiKumar and others ippcllants Versus 1 Financial Commissioner Harvana and others Respondcllt5 Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 2 aeVe 415 LPA Noe735of 2009 661 t Appellants Shashi Kumar andothers Versus Haryana andothers espondents Financial CWPN010684of 2001 671 Petitloners Surtaetc Versus State ofHaryanaandothers CWPNo15051 of 2001 8 PetitionerS Bani Ram andanother Versus State of Haryanaandothers CWPNo18577of2001 9 ShashiKumar and others etitloners Versus 1 Stateof Haryanaand others Respondents CWP No12353 of 1991 10 OmParkash andothers Petitioners Versus StateofHaryanaand others Respondenls RSA No2747 of 2009 111 NathiRam and another Appellaill Versus ShashiKumar espondent Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document e e 416 RSANo2748 of 2009 1 5urta andothers Versus Respondents Chhaviandothers RSANol749 of 2009 139 ppellant Dauli VerSUS Respondent ShashiKumar RSA Nol750of2009 140 MamChandandothers lppellallt Versus espondeni Divya RSA No2755 of 2009 151 Appellaill Doli Versus Pardeep Kumar andothers espondents 161 RSA Noe2756of 2009 NathiRam and another Versus Pardeep Kumar and others espondenlS 179 RSA No2757 of 2009 Sauni Devi Appellant Versus 7J Pardeep Kumar and others Respondents Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document l1 Vr 417 RSANol758 of 2009 urta Appellants Versus Komar andothers espondents 19 RSA No2759 of2009 SohanLal and others Appellants Versus Kumar and others 209 RSA Nol760 of2009 KreshniDevi and others Appellants Versus Kumar and others Respondenls 21 RSA No2761 of 2009 Puran Appellaill Versus Pardeep Kumar andothers Respondent 221 RSA No762 of 2009 Mam Chand and others lppellant Versus Pardeep Kumar and others CORAM HONBLE MR JUSTICE HEMANT GUPTA HONBLE e JUSTICE GLEV SINGH 1 WhetherReportersof local papers inay be allowed to sec the judgment2 2 To be referred to the Reportersor not2 3 Whetherthe judgmentshould be reportedin the Digest2 71 Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 0eeV 6 aPr 418 MjsRDl3awa RandhirBawa SamuelGill and Presentl Shashi Advocatesfor the in LPA Nos30 to 735 of2009 M AChopra Sr Advocate with Mr HarminderSinghAdvocate for the petiuoncrs inCWP N0s12353of 1991 15051and 1857701 2001 MlsLlllNerma andKiran Pal SinghAdvocates for thepetitloner ln CWPNo106840f2001 SinghDAG Haryanafor the Statc Ms Mr BhagSinghAdvocate forthe in RSA Nos747 to 2750 and2755 to 2762of2009 HEMANT GUPTAJ This order shalldisposeof aforementioned 22 cases arislngout of land case of Om Parkash ince deceasedl All other cases exceptCWP Nosl0684 and 150510fof 2001 and CWP No 185772001pertain to the sanctioning of mutalioncithcr on account ofpurchase of land as tenants area clr tllC aside ofthe saidorders The threewrit petitionsinentioned J thecases in which the issuesregarding surplusland uf above are 3 Om Parkashis to be examined Learnedcounsel for the partiesagreethat decision in the saidthree writ petitionswould govem the remainlngcases as well and such cases can be of in terms of the decision in the aforesaid writ petltions CWP Nos10684 of 2001 and 15051 of 2001 are by some of the tenants who are claimingrightto purchaseland as the tenants permissible area of big lancaowner Om Parkasll Thc petitioners therein have challengedthe orders dated 2909 1997 Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document e 419 11999 8 2403 2000 passedby the SpecialCollector Ir ommissionerand the Coinmissioner CWP No18577 of2007 is flled by the legalheirs of deceased Om Parkash challengingthe orders which are also matter ofchallenge ul theaforesaidtwo writ petltlons The factsarethat Om Parkash biglano land in different villagesnamelyJagadhri owner was Mandebri Galoli Dasani andFarrakhpurHe submittcdhis in Form E in accordancewith Rule 3 01of the Punal ofLand Tenures Rules 1956 or short the Rules and Security thesaid form under post OIl 19061958 lo thc sent Alnbala It was pleaded by hiin in earlier writ petltiOll 6CWP No73 of 1987 that forms were sentto the Collector lor the reason at no SpecialCollector was till the expiiy 0f six months Afterthe said selection the Collector passed an ordcr 0907960 The said order readsas underl on Presentland owner with counsel According10 lOrtll D theland owner owned 101 SA 7 118 units of land n andhe owns 120SA 6112unitsat present Addillg area1 SA 1118units in villageMandebriand5 SA 12 units inFarrakhpur ownedbytheland owner on 151J4 953 which hasbeen sold the total area with the land owncr comes to 127SA 118 units Out ofthis the followingarea 15 undertenants as shown in the Form D relatingto the land owner Jagadhri 1SA 4112 units Mandebri 62SA 19112 unIts Sugh 1SA 112 units Galoli 36SA 2 14 units Dasanl 2SA 11114 units Farrakhpur 5SA 9112 units 119SA 14 units Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 7 1 420 6unitsof landare underorchardin Villagc Inaddition Mandebr area underthe tenants and lhe orcharcl 4 the area remainedwith the land owner is Iess than hi area There15 no surplus area with thc The case be flled 091171960 Sdl CollectorJagadhri 0 In the said order no surplusareawas found wlth thc as after the tenants area nd h of orchardthe landwith the landowner was foundto be Iess area Afterthe said orderwas passed someol thanthe area thetenants flled forpurchase of land under SectionI S of the Punjab SecurityofLand Tenures Act 1953 or shorl hc Act The Assistant Collector vide its order dated 29011969 of the as thearea soughllO be ofthe tenants was within the reservedareaof by some theOm Parkash In againstthe said order bv the tenants thelearned remandedthe cases to the Assistant Ccllector to examlne the questiollthatwhether the tenants are Iiable to B if the reservationis not made accordingto lalv aild land whether such land belongsto the area of thc lancl TheCollector passed an order on 2321969 that the Ianc owner hassent his selection form with the Form A and C to tlle owner Collector lIl theyear 1958 but the landowner has sold land in Village BinatTehsil Thanesar District Karnal Therelore this case was to be decided by SpecialCollector It was incuinbenl landowner to send his forms to Special Collector under upon Section 5A and5B ofthe Act and under Rules 3 and 40f the Rulcs 1 and the forms have been sent wrongly therefore no actlon IS Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 8 421 red on those orms ln the appealagalnst the saidorder thc W leaned on 15A1970directedthe partlesto appear beforetlleSpecial Collector for readecision After the said ordei the learned Collector passed an order on 12 091972 declaring14standard acres as the land surplusln the hands of big The appealagainstthesaid order was dismissedbY on 22101973 But the leamed Financial vide its order dated181974 returnedthe matlll to the Collector after rejectingappealof the landownei The FinancialCommissionerdirectedthe SpecialCollector to look into threepointsdelineatedby him in the said order The Ill of land measuring194 Kanals 14 Marlas situated Binat from IandownerSled a writ petitionbeforethis coull CWP 6859 of 1974 This court set aside the order of Special Collector on 13 1978 so as to decide the claim of the 1 as well The SpecialCollector thereaer rieterlnined J the surolus case of the Om Parkash on 06081979 The appeal 1 disinissed on 21Ol 981 The Financial Commissioner was dismissed the revision on 220 1986The order passedbv lhe FinancialCommissionerwas challenged before this Court in CMP No873 of 1987 bv Om Parkash This Court reinitted the malter to theFinancial Commissionerfor reiecision in accordance with law and 111the light of observations made therein as the order passcd by the Financial Commissioner was found to be withoul atll reasons The learned Financial Conlmissioner acceptedthc revlSlOn On 16091995 The relevant extract from the said order 2l reads as underl Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 422 5 The pointin which 1 6nd a lot of meritis thc that it is duringthe purchase of the V caseof the land owner Iva5 tenantthat the surplusarea to be openedThis is a very doubtfulproposirlon lU lnymind Even if it was to be openedit could not havebeeil done withouttheapproval ofthe higherauthorityAdmittedli noapproval hasbeen obtainedwhile reviewingthe surplus area caseof the which had acquiredOnalityon 97 9611 The wntten submittedby the do nol seemto carry lnuchconv1ct10l1 I am flnnlv of the view that Ill thesetwo counts alonetherevisionpetitionshouldsuccee1 The dated681979 and 201981 of the Asslstanl CollectorandtheColnmissioner are accordingly set aside I remandthe case backto the SpecialCollectot fcJrdc notl bv issuingnoticesto botll the parties Thepresentroundof litigation is basedupon the order passed by the Collector on 2909997 after the aforesaid orderof the Financial Coinlnissioner The leamed Collectorheld to thefollowingeffect I am fully in with the learned counsel Ior The orderdated169995 is very muchclear In orderdated0971960 surplus area case ofthe IandownerwiIS 72 decided andheldthattotalarea of the landownerIvas 127 S l 1118units Out ofthis thefollowingareas was undertenantsl 1 Villaee Area SA Units Jagadhri 1 614 Mandebri 62 12w314 Sugh 1 5112 Galoli 36 2e114 Dasani 7 11114 Farrakbpur 0 9I 119 14 ln addition to 6 units of land as under orchard in villagc Madabri reducingareaunder the tenants and the orchard lhe area with the landowner remains less than his permissillc area Thereafterduringpurchaseproceedings it was dcteclcd thatthe landowner also holds land in villageMandi ancl Blill fallingin other district The positionregarding thesc lli ll villagesis as under1 Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document lo 423 1 Village Area Remarks SA Unit Mandi 1 112 Purchased by tenants under r Section18ofthe Ac SA Unil Bint 47 15314 Underold tenanl 30 1414 soldupto30738 8 1334 Banjar 6 31 47 154 In the lightof the above discussionseven if areaS Ol other two villagesis counted in the total holdingsof 1hc landownertheposition remainsthe same ie IvithNo Surplll5 Area afterallowing30 SA of area s perhis cho the remaining area is declared as tenaills area l orderaccordingly The order by the Special Col lector WOS affinned m appealon 12101999bv the leamed Coinmissioner The Commissionerfound that two pointsremain to be decidec1Firstlythe ofform F and Secondlywhat IS theeffect of deathof landowner lt found that the merits of tlle case are not affectedby notpreparing Form F and that no such 1 pleahas been raised on behalf of the landowner thal tllc inade are incorrect in anv manner ln respectof thc 1 of deathofthe landowneron 19071 992 the learned Commissioner found that the heirs ofthe landowner from 1992 till 1997had not movedany application before the SpecialColleclor nor took anv other to obtain the beneflt of reopcniIlg of the case of surplusTherefore the legaIheirs of the Iandowncr had no right to make such claim in an appealfor the first tiine Ill respectof plea of the tenants in the appealthat the order dated 09071960 is a nullity it found that the Hieh Court and tllc Financial Commissioner have held this order to be valid and that the rightsofthe tenants are not affected as the tenants perlnissiblc Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document l l 424 Commissionerhas wouldremain intact The 1 a therevisionin linline on 242000 The heirsof the landownerin their writ petltlOll of 2001 have soughtsettlngasideof the orders dated and 24032000 It is speciflcpleaded casc 2991997 ofthe legalheirs of the that the order dated0907960 and could not be specially in the hasattained by the tenants The relevant in 13ofthe writ petition read as under averments a the order datedJuly 9 1960 Antlexure l l attainedthe 8na1itycould not be espccialli inthe purchase initiatedby thetenar Because although No in paraNo 4 of hi Annexure Pl4 has found and held that the orderdated luly9 1960had attainedSnalityand thesaid decisioll Clllllllll be pne and no changecould be madebYlhe SP Harvana in the same yet he erredin dismissingthe flledbythelandowneroetltioners 6c1 the order Annexure Pll havingnot becll challengedbyanyoneincludingthe tenants and the Statc tllc are to Ivorkouttheir rightswithin lhe ambit01 llIe said order and underno provision of la1 the saine couldbe rc opened Durinthe course of argumentsthe parties were 01 ideln inrespectofselection madebythe landownerin fonn 13 on 191958 1e after the insertionof Section 5A 5B and 5C in the Act NoA6 of 1957 The said fact is admittedIll Act Vlde thewrltten statement filed on behalfof SpecialCollector Haryana lrl the resent set of writ petitionsand noticed in thc order datcd passedby the Collector attachedin earlier writ pctlticln Sled bv landwner lt is also recorded in the order dated Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document I2 425 3011 987 passed by the Division Bench of thls Court in thc said U rrj petition as well as in the orderpassedbYthe SPeCilCOO on 29091997 Mr Senior Advocate appearlng 0 ll behalf of the heirs of the landowner arguedthat lhC for thedeclarationof surplusland of the Iandowner shallbe deemedto be pending on thedate of commencement ol The HarvanaCeiling of Land HoldingsAct 19726 for shorl tle HarvanaActOthereforethesurplus area case of Om Parkashhas to be decided in terms ofSection 336iiJ ofthe HaryanaAct read with Section 10A6b ofthe Act lt is arguedthat the order passcd bythe Collector is not sustainableas thesurplus arca ofthc landownedby Om Parkashis to be releterminedallcr his death on 1971992 as on the said date the land was not utilized It is that the iand can be said to be utillzed onlv 1 when is handedover to the tenants afler allotment 0l A J land and on of otherformalitiesThe order of allolmcnl 1 itself does not alnount to the completionof the process ol utilizationReliance is placedupon the Honble SupremeCouil judgmentreportedas Financial Commissioner Hurvanu and others Vs Smt Kela Devi and another AIR 1980 SC 309 Krishna Kumari and another Vs State of Harvana and unother 19990 SCC 338 and upon Full Bench judgmentofthis Courl ll Smt Aiit Kaur and others Vs The Puniab State and others 1980 PLJ354 It is also arguedthat the order passedby the 1lnanclal Commissioner on 160 919 95 remandingthc case to the Speciol Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 13 426 forde novo is deemed lor re 6U1icctor ofthe landowner Om ParkaslThus W of surplus case oflandwould be availablefor purchase by the tenants as no part thesurplusIand area is to bedeterminedin the handsof legalheir ofOm Parkashandnot as thehandsofOm Parkash Reliance lS 111 Saran 2001 21 RCR Civill placeduponAntu 1 79009BPbl AnooP Singh and others Vs The State ofHurJlllnll and others 2008 21RCR Civill 626 DBPbl andSardtiru Sinoh and others VsThe Financia Cioner and others2008 2 RCR Civil1744Full Bencl Pb It is argued that theorder dated 0907 1960 has beetl passedby the thoughthe surpluscase of the landowner to be decidedby Special Collector in tertns of Rulc was 4B ofthe Rules as the land ofdeceasedbiglandowner was sltuated 111morethan one districtand that for declaration01 pl land of Om Parkashshall be deemedtO be Pendl8 SO 7 the reason thatfonn F hasnot been Reliance is placed GurdialSiIwh diedl tls LRs Vs State ofHarvana 1993 IJ RRR 54ISBPBland AnoepSinghand others VsThe State and others2008 RCR CiviO 626DB Pb Mr L1Verma Advocate on behalf of the tenanls that Order dated 9 1960 cannot be said to be void or without only for the reason that the same was passcd byCollector and not by SpecialCollector and that surplusIand casecannot be reopened for the said reason thoughthe selection 01 the landowner shouldhave bcon made known to the panies It is thecase of the tenants that selection of a perinissible area also Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document I l 427 by the landowner cannot be eitherbythe act C made 0 of parties or byoperationoflaw with the written consent ol thetenantsaffectedby the change Learned counselalso relied a Division Bench judgmentsof this Court reported as Lal and others Vs ofHanlanaand others 2001 11 PLJ 148 andKamla Deviand others VsStateofHarvana and others2010 SLPOH 811 lt is argued that the land vests with Stateon thecommencement Act thereforethe surpIus Iandarea casecarmot be reietennined A8erhavingheard learnedcounsel for the parocs at we find that the following questions arise 101 SOme considerationl 6i1 Whether the order dated 09071960passedby the in respectof surplus area of On Parkash is flnal and iio Whetherthe land was unltilized on 1907 992 the dateof deathof Om Parkash therefore the land area was required to be rc determinedln terms of Section 33 o f thc 1 Act read with Section 10A oflhc Acl iii Whether the tenants arcEl determined111orderdated 9960 vests with tenants and stand utilized on the said date itself7 To consider therespecti ve arguinentso f the Icarncd counsel for the partiesthe relevant provisionsof the PunjoIb Securitv of Land Tenures Act 1953 and Rules framed therelnder and tlleprovisionsof the HaryanaCeiling of Land HoldingsAct 1972 need to be extracted Such provisions read as under ThepunjabSecurityofLand TenUreS Act 1953 Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 4S 428 By Aftidavits o Be 5A Declaration FurnishedBy Certain And Tenants Everl W wbo 0ns or holds Iandin excess of thc landowner or tenant area andwhere land is situatedin more than onc circle shall61mishwithin a period of six tnonths r0111 the of the PunjabSecurityof Land Tenures Act 1957 a declaration bv an affldavit in respectof thelandownedor held byhim in such andmanner andto suchauthoritvas nlav be 5B Selection of PermissibleArea and Consequencesof Failureto Select 6lo A landownerwho has nol exercisedhis rightof reservatlonunder this Act tnay selecthis jimate the selection to the UhO area lnanner as may be Providedthat a landowilerwho is required to furnisll under Section 54 shall intimate his selectioll alongwith that declaratlon 2 If a landownerfails to select his area lll accordancewith the of subesection IJ tlle authority maysubject to the of Section W C selecttheparcel or the parcels of landwhich suchpcrson IS to retainunderthe provisions ofthis Actl Providedthat the authorityshall not make withoutgivingthe landowner concerned 1111 the selection ofbeingheard SCe For Failure To Furnish Declaratiot l l l l or tenant fails to fumish the declarationsuppotlcJ by an af8davit as by Seion S A the prescri bed not below therankof Controllermav bv order clirect thatthe whole or partof the land of such landownel Ol lCIlOllt inexcess often standardacres to be speciSed by suchauthoritI shall bedeemed to be the surplusarea of such landowilCl tIl and shall be utilizedby the StateGovernnlenlfor lho puzpose mentionedin Sectlon 10Al XXX XXXX 10A SurplusArea For Rcscttlcment of EjcctedTenants al TheStatc Govcrnment nr any oflicer cnlpoweredI5if ll ill behalfshall be competcntto utilize any suiplusarC8 IOr thlS theresettlementoftenant ejectedor to be ejectedunder claItsc i1 of subsection 1of Section 9 Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document otherlaw fOl 2 429 ool anything containedln anv the time beingin forceand save in tlle case of Iandacquircd b1 1 W tlle StateGovernmentunderany law for thetimebeingin forcc orby heir byinheritanceno or other of land which is in surplus area at thecommencement ofthis Act shallaffecttheutilizationthereofin clause Such of any surplusarea wi Il 1101 effect the rightofthe landownerto receivercnt frOllltheleiltllll sosettled ThePunjabSecurityofLand TenuresRules 1956 3e Form etc of declaration under Seetion5A of the Act loThe declaration by an affidavit required 10 bc ed underSection5A of theAcl Shallb fUS 11 in FormsA andC andbv a tenanl in Forlns B and C either or by registered post duelto theCollectorof the district if his landis situatedin a9 suchpatwarcircles as are comprised ivithitl Otlc district and 6101 theSpecial Collector if his Iandis situateditl slicll circlesas are comprised in nlore thanone district 4B Prescribedauthorityunder submsection21of Section 53 and 5C of the Act for the purposeof suha section C2J of Section5B and Section 5C of the Act the authorityshallbe l theCollector if the landsownedor held bv a Iano 1 owner or tenant are situatein patwarcircles comprised 111OllC districtland ii theSpecialCollector if thelandsownedor hcld b alanclowneror tenant are situatein patwarcirclesconlprised Iii nlorethan one district 6 Assessment of surplus areae with landowners and tenants XXX XXX XXX 6i9Tlle Collectoror the SpecialCol lector shalI preparc il 67 in form F and forward immediatelr7a copy thereof lO the or tenant concerned undei cover ol Ill prescribed in theFornl and it shall be scrved lt191111 thelandowner or tenant as if it werc a summons in the manncr in Section 90 of the PunjabTenanlAc1887 Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document Il I7 7 430 1 iil TheSpecialCollectorshallalsoforwarda copvof F rorm bV by him to the Collector of every district in whicll thc area ofthe landowneror tenant is situate TheHarvana CeilingofLand HoldingAct 1972 12 Vestingof surplusarea 61JThe surplusarea 01 landownershall thedateon which it is declaredas sucli shall be to have been acquiredby the Stale Government for a purposelIide Act No7 of 19761 and all title and interest includingthe contingelll interest if any byanylaw custom or usaoe for thc tlme in forcelof all personsin such area shall stand andsuchrightstitle and interestshall resl 1n thr State Governmentfreefrom any encumbrance 21 The rightand interest of the tenant in llis surplusarca which is includedwithin the permissible area of the IalldOWller shallstand l3J The area declaredsurplus or lenant s arc il underthe lalv andthe area declaredsurplusunder the Law which has not so far vested in the Stale shall be deemedto have vested in the State with effect from the appointed dayand thc arci whichnlay be so declaredunderthePunjabIaw or the Pep5Ll lawafterthe appointed dayshallbe deenledto haioeI7es1cd til the StateGoverninentwith effect froin the datc o l suh declarationVide Act NoO of 19761 J 33 Repealand Savings Xxx XXX 3 29 iil the proceeding for the determinationof the surplusarea immediatelybeforethe commencement of this Acl under theprovisionsof either of the said enactlnents which shallbecontinuedand disposed off as it this Act had nol bccn andthe surplus area so determinedshallvestin and hc utilized by the State Government in accordancewith the provisions of this Act The Schelne of the Act including lhc scoloC tl f Sections A 52B c SeC inserted by PunjabAct No6 of 1957 came upfor consideration before the Honble SupremeCourl ln a judgmentreportedas Laipat Rai and others Vs The State of Puniaband others AIR 1981 SC 1401 ln the aforesaid caseonc Rani Anita 2012.11.29 12: 38 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document I 431 decided of the effect of intlmationlll 1 0 lS ln Form made to the Collector It was held that intimatlon Jll E is about a selectionof the area undersu Form Sectio l ofSection53 The Honble Court held to the following effectl 6 In relationto contention6althe followingproposltiollS from thevariousprovisions oflawjustaboveset out iI Reservationof land was envisaged onlyin sectlon l of the Act and had to be intimatedwithin six illonthsfrulll the dateofcommenceinentofthat Act ie on or beforethe 15 October195 ii9 No provision was ever madein theAct or lhe rulcs framed thereunderfor a reservationof land by a Iandolvner who had failedto sendan intimati6nthereofon or