R.S.A. No. 4982 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 4982 of 2009 Date of decision:-19.10.2011 Bhim Singh and another ...Appellants Versus Union of India and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Anurag Jain, Advocate for the appellants. Mr. Brijeshwar Singh, Advocate for respondent No.1. Mr. S.S. Goripuria, DAG Haryana. RITU BAHRI J.(Oral) This regular second appeal is directed against the judgment dated 29.8.2009 passed by the Additional District Judge-II, Bhiwani whereby the suit of the plaintiff, which was decreed vide judgment passed by the Civil Judge (Senior Division), Bhiwani on 11.5.2004, was set aside. The plaintiffs had filed a suit on 06.5.1999 for permanent injunction restraining the defendants to take forcible possession without offering the plaintiffs to purchase the land in R.S.A. No. 4982 of 2009 -2- compliance of order dated 25.3.1981 passed by the Deputy Secretary (Reh.)-cum-Settlement Commissioner, Haryana, Chandigarh. Vide order dated 25.3.1981 the Settlement Commissioner, Haryana had given the instructions to the Department to transfer the land, which was in possession with the petitioner since Kharif 1960 on reserve price. Earlier, the plaintiff-petitioner had purchased this land by way of auction but since he was unable to deposit the balance price, his money was forfeited on 08.10.1970. Since then the petitioner was in possession from 1960, he was directed to deposit the amount due from him within two months failing which the land was to be resumed by the Department. Despite this order the land was not transferred. This order was not carried out. A suit for permanent injunction was filed and the same was decreed by offering the plaintiff to purchase the suit land in compliance of the order dated 25.3.1981. On appeal by the State of Haryana, the suit was dismissed. The appeal was allowed on the ground of limitation that the petitioner after the order of Settlement Commissioner dated 25.3.1981, filed the suit after 18 years. The second ground for allowing the appeal was that the plaintiff filed the suit against the defendants that they were in possession of the land as tenants. The said suit was dismissed and the appeal filed by the plaintiff was also dismissed. Hence, vide judgment and decree dated 22.4.1999 passed by Shri M.L. Sharma, Additional District Judge, Bhiwani by applying R.S.A. No. 4982 of 2009 -3- the principle of res-judicata the appeal has been allowed. During the pendency of this RSA counsel for the petitioner has referred to a judgment passed by this Court on 16.5.2011 passed in CWP No.9961-A of 1990. In this writ petition petitioners have sought quashing of the auction notices issued by the State Department and directions were sought to transfer the land at reserved price in accordance with the instructions issued by the State of Haryana as they were in occupation of the land since 1960. In this judgment reference has been made to notification issued on 18.1.1968 and subsequently revised on 25.8.1981. This notification relates to disposal of surplus rural/sub urban evacuee land. There is a provision that for transfrees other than members of Scheduled Casts, the first two standard acres was to be sold @ Rs.15,000/- per standard acre and for the next three standard acres it was @ Rs.20,000/- per standard acre. This Court further observed that the price is to be determined on the date of the application and the right to purchase has to be determined on the date when the application has been filed. In the facts of the present case finally the writ petitions were disposed of by giving directions to pay the price mentioned in the policy dated 25.8.1981 alongwith 12% interest per annum from the said date till the date when the sales are affected or completed. Counsel for the respondent on instructions from the Department states that they do not dispute the judgment passed R.S.A. No. 4982 of 2009 -4- in CWP No.9961-A of 1990 and states that the petitioners will be considered under the 25.8.1981 policy. However, the petitioner is liable to pay the rent from the date of occupancy till 25.8.1981. Counsel for the petitioner on instructions states that he is ready to pay the rent. In view of above facts the RSA is being allowed and judgment dated 29.8.2009 is set aside. A direction is given to the Department to complete the entire exercise within a period four months from the date of receipt of certified copy of this order. October 19, 2011 ( RITU BAHRI ) Vijay Asija JUDGE