78 1 lN THE HlGH COURT Ol7PUNJAB AND IIARYANA AT r CHANDIGARH Date ofDecisionl March 17 2011 RSA No2749 of 2009 Dauli Appellant Versus 1 ShashiKumar e e 0 CORAM HONBLE MR JUSTICE HEMANT GUPTA C HONBLE MR JUSTICE GURDEV SINGH I 1 WhetherReporters of Iocalpapersmay be allowed to see the C5 2 To bereferredto theReporters or not 3 Whethcr thejudgment should bc reportcd in the Digest2 Z Present Mr BhagSinghAdvocatefor thc r HENIANT GUPTA J I For order see LPA No 730 of 2009 titled Shashi a5 Kumar and others Vs nancial Commissioner llarvanu cInd others 93 7 Z 6HEMANTGUPTAI JUDGE 1 March 17 2011 6GURDEVSlNGIII Vimal JUDGE r1 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 79 TI HIGH COURT OF PLNJAB AND HARYANA AT CHANDIGA 1 1 j 4 9V DateofDecisionl March 2011 11 LPA No730 of 2009 ShashiKumar andothers Appellailts Versus FinancialCommissionerHaryanaandothers Respondents 21 LPA No31 of 2009 ShashiKumar andothers Appellants Versus Financial Commissioner Haryanaand others 31 LPA Noe732of 2009 ShashiKumar Appellant Versus 1 1 Financial Commissioner Haryanaand others Respondents 41 LPA NoO33 of2009 ShashiKumar and others Appellants Versus Financial Commissioner Haryanaand others espondents 51 LPA No734 of2009 Shashi Kumar and others AppellalllS Versus 1 Financial Commissioner Haryanaand others Respondcnt5 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 80 2 rl t9 LPA No735 of 2009 5 J 6 46Shashi Kumar and others lppellants 1 Versus FinancialCommissionerHaryana andothers espondents 71 CWP N010684 of2001 Surtaetc 7etitioners Versus StateofHarvanaandothers espondents 89 CWP N0015051of2001 BangiRam and another 0etitioners Versus Stateof Haryana and others 2espondenls 91 CWP No18577 of2001 ShashiKumar and others Petitioners J Versus 1 Stateof Haryanaandothers espondents 109 CWP N012353 of 1991 Om Parlash and others Petitioners Versus Stateof Haryanaandothers Respondents 119 RSA Noe2747 of2009 Nathi Ram and another lppellanl Versus Shashi Kumar espondent JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 81 3 e RSA Nol748 of 2009 C Surtaand others 4ppellant Versus Chhaviand others Respondents 131 RSA No2749 of 2009 Dauli Appellant Versus ShashiKumar 6141 RSA Noe2750of 2009 Maln Chand andothers lppellallt Versus Divva espondent 151 RSA Noe2755of2009 Doli lppellalll Versus Pardeep Kuinar andothers espondents 161 RSA No756 of2009 Nathi Ram and another Versus PardeepKumar and others Respondellts 179 RSA No2757 of 2009 Sauni Devi lppellant Versus PardeepKumar and others RespondenlS JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 82 4 RSA Nol758 of 2009 9 Surta ppellants t Versus Pardeep Komar and others Respondents 191 RSA No2759 of2009 SohanLal and others Versus Kumar andothers Respondents 209 RSA Noe2760of 2009 Kreshni Devi and others Appellants Versus Pardeep Kumar and others espondents 211 RSA Nol761 of2009 1 Puran Appellallt 1 Versus 3 3 PardeepKumar andothers espondent 622J RSA No2762 of2009 Mam Chand andothers Appellant Versus PardeepKumar and others Respondcnts CORAM HONBLE MR JUSTICE HEMANT GUPTA HONBLE MR JUSTICE GURDEV SINGH 1 IVhether Reportersof local papers may be allowed to sec the judgment2 2 To be referred to the Reportersor not2 3 Whether thejudgmentshould be reportedin the Digest2 71 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document S 83 ntl MlsRDl3awa RandhirBawa SamuelGill and 4 ShashiGupta Advocatesfor the J in LPA Nos30 to 735 of2009 4 e 1 Mr AlCChopraSr Advocate with Mr HarminderSinghAdvocate for the inCWP Nos12353of 1991 15051and 1857701 2001 MlsLlverma and Kiran Pal SinghAdvocates forthe in CWP No10684 of2001 Ms ShubhraSinghDAG Haryanafor lhe Stat Mr BhagSinghAdvocate forthe in RSA Nos747 to2750 and 2755 to 2762of2009 HEMANT GUPTA Je J This ordershall disposeof aforementioned22 cases out of surplusland case of Om Parkash since deceasedl All othercases exceptCWP Nos10684 and 150510f of 2001 and A ad CWP 0 185772001 pertain to the of inutationcither 4 5 on account of purchase of land as tenants area or lhc asideofthe saidorders The threewrit petitionsmentioncd V 3 aboveare the cases in which the issuesregarding surplusland 01 m 1 1 Om Parkashis to be examined Learnedcounsel for thepartiesagreethat decision ltl the said three writ petitions would govem the remaining cases as well and such cases can be disposedof in terms of the decision in the aforcsaid writ petitions CWP Nos10684 of 2001 and 15051 of 2001 are bv some of the tenants who are claimingrightto purchaseIand as the tenants permissiblearea of big landowner Om Parkash Thc petitionerstherein have challengedthe orders dated 290 9199 7 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 06 Cl 84 01999 2403 2000 passedby the SpecialCollector 1 4 Commlssionerand the Financial Coinmissioner respeclivciI 4 CWP No8577 of 2007 is 61edby the legalheirs of deceascd Om Parkash the aforesaid orders which are also subject matter ofchallenge in the aforesaidtwo writ petitions The facts are that Om Parkash biglanc owner was holdingland in differentvillagesnamely Mandebri SughGaloli Dasani and He submittcdhis selection in Form E IIl accordancewith Rule 3 661of the Punjab Securitv of Land TenuresRules 1956 or short he Rulesl and sent the said form under post on 19061958 to tllC Collector Ambala It was pleadedby him in earlier Wnt petitlon CWP No873 of 19870 that forms were sent to the Collector Ior the reason thatno SpecialCollector was appointed till theexpiiyof SlX months After the said selection the Collector passedan order 1 on 09071960 The said orderreadsas under1 7 1 Present land owner with counsel Accordingto Foriu D the land owner owned 101 SA 7118 units of land Oll Addmg area 1 SA 118 unitsin villageMandebriand5 SA 112unlts in Farrakhpur ownedbv the land owneron lS141953 whi hasbeen sold thetotal areawith the land owncr comes to 127 SA 1118 units Out ofthis thefollowing area ts under tenants as shown in the Form D relatingto the Iand ownerl Jagadhri 1SA 4112 units Mandebri 62SA 19112 uni Sugh 1SA 5112 units Galoli 36SA 2114 units Dasani 2SA 11114 units 5SA 9112units 119SA 14 units JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 85 9 Inaddition6 unitsof landare underorchardin Villaec Mandebri Deducting areaunderthe tenants andthe orchard 1 1 1 the area remainedwith the land owner is Iess than h15 12r 9 e 1P 1L area Thereisthereforeno surplus area wlth thc IandownerThecase befiled Announcedl09960 Sdlv Collector Jaeadhri 444 In the saidorder no surplusarea was found wlth lhc landowneras afterdeducting thetenants area andthe area of orchard the land with the lancowner was found to be less thanthe area After the said order was passed soine 01 thetenants flled for purchase ofland under Section 18 of thePunjabSecurityof Land Tenures Act 1953 or short the Act The learned Assistant Collector vide its order dated 1 29Ol 1969 disposed of the as the area soughtiobe by some of the tenants was withinthe reservedarea of the Om Parkash In appealagainstthesaid order by the tenanl 1 the learnedCollector remandedthe cases to the Assistant Collector J to examlne the questionthat whether the tenants are Iiable 10 71 purchase land if the reservatlorl lS IlOt rnadeaccording to law and whether such Iand belongsto the permissiblearea of the land owner The Collector passed an order on 2312969 that theIal owner has sent his selection form with the Form A and C to thc Collector in the year 1958 but the landowner has sold Iand Ill Village Binat Tehsil Thanesar District Karnal Therefore lhls case was to be decided by SpecialCollector It wlas incumbenl upon landowner to send his forms to Special Collector undcr Section5A and 5B ofthe Act and under Rules 3 and 40fthe Rules and the forms have been sent wronglytherefore no actlOll IS JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document e1 8r 86 iredon those forms In the appeal said orderlhc leanedCommissioneron 15A 1970 directedthe parties to appear 4 before theSpecialCollector for relecision After the said order the learned SpecialCollector passed an order on 12 091972 14standardacres as the land surplusin the hands of big landowner The appealaainst the said order was dismissedb Commissioner on 221 01973 But the learned Financial Commissioner vide its order dated1812974 returnedthe mauer 1 to the Collector after rejectingappealof the landowner 1 TheleamedFinancialCommisslonerdirectedthe Special Collector 1 to look lnto threepointsdelineatedby him in the said order Thc of land measuring194 Kanals l Marlas situated in VillageBinat from landownerflled a writ petitionbefore lhis court A A 6CWP6859 of 19741This court set asidethe order of Soeclal V 5 Colleclor on 13 1978 so as to decide the claim of tlle 1 as well The SpecialCollector thereafterreieterinined A W J the surplus ofthe Om Parkash on 06081979 The appe2il case aar was dismissed on 21Ol 1981 The Financial Commlssloncr 1 dlsmissed the revision on 22 101986 The order passedbv lhe Flnancial Commissionerwas beforethis Court in CWP No873 of 1987 bv Om Parkash This Court remitted the matter to the Financial Commissioner for relecision in accordance with latv and in the light of observations made therein as the order passed Obv the Financial Colnmissioner was found to be without allln reasons The learned Financial Commissioner acccptcd lhc revlSIOll Orl 1609 1995 The relevant extract from the said ordcr reads as underl JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 9 87 Thesecondpointin which I find a lot of merit is le 1 that it is duringthe purchase of thc 4 tenant that the surplusarea case of the land owner Iras to be openedThis is a verydoubt811 10 inymind Even if it was to beopened it could not havebeen donewithouttheapproval ofthe higherauthorityAdmittedll noapproval hasbeenobtainedwhilereviewing the surplus arca case ofthe landlord which had acquired Onalitvon 919611 Thewrittenargwnentssubmittedby the do nol seemto cany muchconviction I am 8rmlyof thevicw thal iil thesetwo counts alone therevisionpetitionshouldsucceed Theordersdated68 1 979 and 20Ol1981 of the Assistant Collectorand theConlmissionerare set aside I remandthe case back to the SpecialCoilector fot de noir ll determination byissuingnoticesto boththeparties Thepresentroundoflitigationis basedupon the ordel passed by the SpecialCollector on 29091 997 after the aforesaid order of the Financial Cotnmissioner The Ieamed Spcc l 211 Collectorheld to the followingcffectl I am fully 111 with the iearned counscl 1711 1 landowner The orderdated16091995is very muchclear In orderdated0907960 surplus area case ofthe landownerults 3 decidedandheld thattotalarea of thelandownerwas 127 54 1 1018units Out ofthis thefollowing areas was utlder tellatlll Villagc Area SA Units Jagadhri 1 6m314 Mandebri 62 12414 Sugh 1 5412 Galoli 36 2414 Dasani 2 114 1arrakhpur 5 912 119 14 In additionto 6 units of land as under orchard in lllaec Madabri reducingarea under the tenants and the orchard the area with the Iandeowner rcmains less than his permissible area Thereafter duringpurchaseproceedings it was dclected that the landowner also holds land in villageMandi ancl Bllll fallingin other district The positionreoardlng thesc 11010 viilagesis as underl JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 01 88 Village Area Remarks SA Unit Mandi 1 14 12 Purchased bv tenants under J 4 Sectionl80fthe Act 4S SA Un 11 Bint 47 15m314 Cnderoid tenant 30 14114 soldupto3038 8 134 Banjar 6 3114 47 153 4 In the lightof theabovediscussionseven if areas tl other two villages1S countedin the total holdingsof the landownerthe remainsthesame ie with No Surplus Area afterallowing30 SA of area as perhis choice the remaining area is declared as tenanls area l orderaccordingly The order b7 the SpecialCollector was 1 affirmedin appeal on 12101999bv the leamed Coinmissioner J Thelearned Commissionerfound that two pointsremain to be decided Firstlythe of form F and Secondlywhat IS A theeffect of deathof landowner It found that the inerits of he se case are not affectedby not preparing Form F and that no such 1 pleahas been raised on behalf of the landowner that the J caIculationsmade are incorrect in any manner In respectofthe 1 e of deathofthe landowneron 19071992 the learned Commissioner found that theheirs ofthe landownerfrom 1992lill 1997had not moved any application before the SpecialCollecttor nor took anv other to obtain the benet of reopeniile of the case of surplusTherefore the legalheirs of the Iandowncr had no rightto make such claim in an appealfor the first tiine In respectof pleaof the tenants 111 the appealthat the order datcd 09071960 is a nullity it found that the High Court and the Financial Commissioner have held this order to be valid and that the rightsofthe tenants are not affected as the tenants permissible JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document Il 89 would remainintact The Financial Commissioncrha r the revision in limine on 24032000 0 1 1 9 b The legalheirsof the landownerin their writ petitlOll Nol 8577 of 2001 have soughtsettingaside of the orders dated 2991997 1201999 and24032000 It is speciftc pleaded case ofthe legal heirs ofthe landownerthat the order dated0760 has attained and could not be specially in the initiated by the tenants The relevant averments in 13ofthe writ petition read as under a Because the order datedJuly 9 1960 Annexure ll attainedthe 6na1itycould not be reopenedespecialll inthepurchase initiatedbythetenants b1 Because although No in para NoA of his orderAnnexure Pl4 has found andheld that the order datcd July9 1960hadattained nalityandthesaid decision cannot be and no changecould be madeby the SPecial CollectorHarvanain the same yet he erredin dismissing thc appeal filedbythelandowneroetitioners 1 1 6c Because the order Annexure Pll havingnot becn byanyoneincludingthetenantsand the State thc 7 authoritiesare to workoultheir rights14ithinlhe ambit ol Ihc 1 saidorderand underno provision of Iaw the saine could bc ice opened Duringthe course of argumentsthe partieswere ac ide777 in respectof selectionmadebv the landowner in form 11 tlll 19061958ie aertheinsertion ofSection 5A5B and 5C inthe Act vide PunjabAct No6 of 1957 The said fact is admitted in the written statement filed on behalf of SpecialCollector Haryana 111the presentset of writ petitionsand noticed in thc order datcd 23121969 passedby the Collector attached in earlier writ petitiotl flled by landowner It is also recorded in the order datcd JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document i b 40 OV111987 by the Division Bench of thls Courl 111the said 1 0 1 6 j 4 Writpetition as well theorderpassed bythe SpecialCollector as in 1 4P on 29091997 Mr Senior Advocate appeari ng on behalf of the legal heirs of the landowner arguedthat thc for the declarationof surplusland of the Iandowner shall be deemedto be pending on the date of commencement clf The HarvanaCeilingof Land Holdings Act 1972 for short the Haryana Act thereforethesurplus area caseof Om Parkashhas to bedecidedin terms of Section33626iilofthe HaryanaAct read 1 with Section 10AO ofthe Act It is arguedthat the order passcd bythe SpecialCollector is not sustainableas thc surplus area oflhe land ou7nedby Om Parkash is required to be rletermlned aflcr A his death on 1971992 as on the said date the land was nol e e utilized It is arguedthat the land can be said to be utilized onlv 1 1 wben possessionis handedover to the tenants after allotment o f dd V 3 land and on ofother formalitiesThe order ofallotlncnt V itself does not amount to the completionof the process o utilization Reliance is placedupon the Honble SupreineCoilll judgmentreportedas Financial Commissioner Harvanu and others Vs Smt Kela Devi and another AIR 1980 SC 309 Krishna Kumari and another Vse State of Harvana and another 1999 0 SCC 338 and upon Full Bench judgmentofthis Coun Ill Smt Aiit Kaur and others Vs The Puniab State and others 1980 PLJ354 It is also arguedthat the order passedbv the Financial Coinmissioner on 1609 1995 reinandingthc casc to the Special JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document I3 r 41 for de novo determinationis deemed lor rc 3CtOr detenninationof surplus case of the landowner Om Parkash Thus r ol h no paltof land would be available for purchase bythe tenants a6 thesurplusIandarea is to be determinedin the handsof legalhcirs ofOm Parkash and not as in the handsofOm Parkash Reliance lS placedupon Antu Vs Naresh Saran 2001 RCR Civill 790DBPbleAnoop Singh and others Vs The State of Harvunti and others 2008 J RCR Civill 626 DBPbl and Sardara Singh and others Vs The Financial Commissioner and others2008 RCR Civil1744Full BenchePbIe It is argued that the order dated09071960 has been passed bv the Collector thoughthe surpluscase of the landowncr was required to be decidedby SpecialCollector 111terins of Rule 4B ofthe Rules as the Iandofdeceasedbiglandowner was situated ln more than one district and that proceedings for declaration of 1 1 surplusland of Om Parkashshall be deemedto be pendingalso 171r 3 the reason that form F hasnot been Reliance is placcd 1 uponGurdial Sinh iedI bv his LRs Vs State ofHarvanu 199 I1 RRR 541SBmPBlandAnoop Singh and others Vs The Stote ofHan7anaand others2008 21RCR Civil 626DB Pb Mr LNerma Advocate on behalf of the tenants arguedthat Order dated 9 1960 cannot be said to be void or wltbout jurisdictiononly for the reason that the salne was passcd by Collector and not by SpecialCollector and that surplusIand case cannot be reopened for the said reason thoughthe selection of the landowner should have been made known to the partiesIt 1s also the case of the tenants that selection of a perInissiblcarc3 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document Ie ce madebv thelandownercannotbe either bv lhe acl of parties or by of law exceptwith the writtenconsent 01 e b the tenants affectedbythe change Leamed counsel also rclied upona Division Bench of this Coun reponed as Lal and others Vs StateofHaryana and others 2001 ll PLJ 148 andKamla Devi and others Vs StateofHarvana and others2010 2 SLJ 62I1 811 It is argued that the land vests with Stateon thecommencement ofHaryana Act thereforethe surplus land area case cannot be reedetennined After havingheard learned counsel for the partiesat some length we 8nd that the followingquestionsarise fOr consideration 6 Whether the order dated0907 960 passedbv A the Collector ln respectof surplus area ofOm Parkashis flnal and operative2 iiJ Whetherthe land was uneutilizedon 19071 992 1e the date of deathof Om Parkash therefore ad V 7 the suiplusland area was requiredto be re determined in terms of Scction 33 01 thc 3 HaryanaAct read with Section 101 01 thc Acl 6iii9 Whether the tenans arca determinedin order dated 91960 vests wlth tenants and stand utilized on the said date itself7 To consider the respectiveargumentsof thc Icarncd counseJ for the parlies the relevant provisionsof the Punjttb Securitv of Land Tenures Act 1953 and Rules framed theretnder and the provisionsof the HaryanaCeiling of Land HoldingsAct 1972 need to be extracted Such provisionsread as under The PunjabSecurityof Land Tenures Act 1953 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document IS 4 43 A Declaration SupportedBy Affidavits To Bc FurnishedBy Certain Landowners And Tenants Ever1 1 landowneror tenant who oWns or holdsland in excess of the 0V e permissibie areaand where iand is situatedin more than Otlt Patwarcircle shall8lrnish within a periodof six nlonthsfrolll the commencement of the PunjabSecurityof Land Tenures Amendmen Act 1957 a declarationsupportedby an affidavitin respectof theland ownedor held by him in such formandmanner andto suchauthority as maybe prescribed 5B Selection of Permissible Area and 01 Failure to Select ll A landownerwho has not exercisedhi rightof reservationunderthis Act mayselecthis area and intimatethe selectionto the autllorill vithin theperiodspecified in SectionSl andin suchformand manneras maybeprescribed Providedthata landownerwho is requlred to furnisll1 declarationunder Section A shall intinoatehis selection alongwith that declaration 21 lf a landowrnerfails to select lus perlnissible area lll accordancewith the provisionsof suasection 111 ilIc prescribed authoritvinav subject to theprovisions of Seclion57 C selecttheparcel or theparcels of landwhich suchpcrsoil I entitIedto retainundertheprovisions ofthis Actl Providedthat theprescribed authority shall not mal the selection without givingthe landowner concerned i117 m ofbeingheard 1 SC PenaltyFor Failure To Furnish Declaration Illll 21 landowneror tenant fails to furnish thedeclarationsupportcd by an affidavit as requiredby Section A the prcscribcd authority not belowthe rankof Controllermay byorder direcl thatthewhole or part of the Iand of such Iandowner Or lCilttlll in excess often standardacres to be speci6ed by such authorltl shaii be deemed to be the surplusarea of such landolvner Ilr tenant and shall be utilized by the State Governmenttor llle purposementioned in Section 10 XXX XXXX 10mAe SurplusArea For Resettlement of EjcctedTenants al The State Government or anv offlcer cmpoweredbv ll Ill this behalf shall be competent to utilize any surplusarea fOr the resettlementof tenant ejectedor to be ejectedunder clause Oilofsubsection cll ofSection9 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 44 I6 1bl anllthing contained111alll Othel l IOl thetimebeingin forceand save in thecase of Iandacquired hi m theStateGovernmentunder8nylaw for thetimebeingin force 9 P or by an heirbyinheritanceno transferor otherdisposition 01 landwhichis comprised in surplus area at thecommencement ofthis Act shallaffecttheutilizationthereofinclause ExplanationSuch utilization of any surplusarea will nol effecttherightof the landownerto receive rent fromthelentilll sosettled The PunjabSecurityofLand TenuresRules 1956 3e Form etc of declaration under Section5vAof the Act 11The declarationsupported by an afOdavitrequired 10 bc 81rnishedunderSection5l of theAct shallbe furnishedb o landeownerin FormsA andC andbv a tenant in FormsB and C eitherpersonally or by registered post dueltol a theCollectorof thedistrict if his landis situatedin Sllchpatwar circles as are comprisedwithin Oll e districtland b1 theSpecial Collector if his Iandis situatedln such patlvar circlesas are conlprised in nlore thanone district 4B Prescribedauthorityunder subesectiot21 of Section 1 1 5eB and Section 5C of the Act for the purposeof su section o2Jof SectionSB and Section SC of the A ct the J prescribed authoritvshaUbe 1 il theCollector ifthe landsownedor held bv a land owner or tenant are sltuate ln patwarcirclescolnprised lll One district and io theSpecialCollector if thelandsowned or llcld 21 a landowneror tenant are situatein patwarcirclescomprised iii morethan one district 6 Assessment of surplus area with Iandowners and tenants XXX XXX XXX 71 09 The Collectoror the SpecialCollector shall preparc 21 statement in form F and forward immediately a copy rhereol 111 the landowner or tenant concerned under cover 01 n endorsementprescribed in the Form and it shali be serled uptIil the landowner or tenant as if it were a summons in the manller prescribed in Section90 ofthe PunjabTenant Act 1887 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 12 45 111he Special Collectorshall alsoforliIarda copl of FFornli byhim to theCollectorof evervdistrictin which lhc 91 e TheHaryanaCeilingofLand HoldingAct 1972 2 Vestingof surplusarea The surplusarea ol lt landowner shall 6fromthedateon which it is declaredas such shall be deemed to have been acquiredby the Stote Govemment for a publicpurposel6videAct No 7 of 19761 and all rightstitle and interest includingthe contlngent interestifany recognized byany law custom or usagefor lhc time beingin forcelof all personsin such area shall stand andsuchrightstitle andinterestshallvest in the 1 StateGovemmentfreefrom anv encumbrance 3 21 The rightand interestof the tenant in his surplus arca wrhichis includedwithinthepennissible area of the Iandowllcl 1 shallstand 3J The area declaredsurplus or tenants permissible arca V underthe Punjablaw andthe area declaredsurplusunder the aa PepsuLaw which has not so far vesled in the Statc a V Governmentshall be deemedto have vested in the St2ile A Governmentwith effect from the appointed day and the areo r which may be so declared under the Punjablaw or the Pepu J law aftertheappointed dav shall be deenledto have vested111 Il the State Govemmentwlth effect fronl the date o l such V declaration lide Act NoA0 of 197617 J P 33 Repealand Savings XXX xxx 3 6216iilthe proceeding for the determinationof the surplus arca pending beforethe commencement of this Acl under the provisions of either of the said enactments which shallbe continuedanddisposed off as it this Act had not bccn passedandthesurplus area so determinedshallvcst in and be utilized bv the State Governmentin accordance with the torovisionsofthis Act The Scheine of the Act includingthc scope 0 f Sections 5A 52B E C inserted by PunjabActNoA6 0f1957 came up for consideration before the Honble SupremeCoull lll a judgmentreportedas Laipat Rai and others Vs The State of Puniab and others AIR 1981 SC 1401 In the aforesaid casc ollc JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 18 46 decidedis in respectof theeffect of lntimationin 1 Form E made to the Collector It