i 448 1THE HIGH COURT OF PUNJAB AND HARYANA AT 1 CHANDIGARH 4 DateofDecision March 2011 11 LPA Noe730of2009 ShashiKumar and others lppellants V ersus Financial CommissionerHaryanaand others 2espondents 2 LPA NoO31of2009 ShashiKumar andothers lppellants Versus FinancialCommissioner Haryanaand others Respotldents 31 LPA No732 of2009 ShashiKumar Appellarit Versus Il FinancialCommissioner HaryanaandOthers 2espondents 1 649 LPA NoO33 of 2009 ShashiKumar andothers AppellalllS Versus FinancialCommissioner Haryanaand others ResponcienlS 51 LPA NoO34 of2009 ShashiKumar and others AppellaIlts Versus i Financial Commissioner Haryanaand others espondcnts Rani Anita 2012.11.29 12: 37 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 1 449 LPA No735 of 2009 t h4 AppellailtS Versus Haryanandothers espondents Financial CWPNo10684 of2001 79 Petitioners Surtaetc Versus StateofHaryanaandothers CWPNo15051 of 2001 81 Petitloners Bangi Ram and another Versus StateofHaryanaandothers espondents CWP No18577 of 2001 99 ShashiKumar and others etitlOllCrS Versus 1 1 Respondents StateofHaryanaand others CWP No12353 of 1991 109 OmParkash and others Petitioners Versus StateofHaryanaand others 2espondents 6111 RSA No2747 of 2009 Nthi Ram and another lppellaill Versus espondent ShashiKumar Rani Anita 2012.11.29 12: 37 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 3 450 RSANo2748 of 2009 l ppellant Surtaand others Versus espondents Chhaviand others RSA No2749 of 2009 6139 Dauli VersuS Respondent ShashiKumar RSA Noe2750of 2009 149 Mam Chandand others eAppellaill V er sus Divya iespondent 159 RSA No2755 of 2009 Doli Appellaill Versus 1 Kumar andothers Respondents 6161 RSA No2756 of 2009 NathiRam and another lppellants Versus PardeepKumar and others Responclents 179 RSA No2757 of 2009 Sauni Devi lppellanl Versus 7J Pardeep Kumar and others espondents Rani Anita 2012.11.29 12: 37 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 451 RsA No2758 of 2009 S Surta Appellants 4 Versus Komar and others RSA Nol759 of2009 199 SohanLal andothers 4ppellants Versus Kumar and others RSA Noe2760of2009 209 KreshniDevi and others Appellallls Versus Kumar and others 2espondents 211 RSA Nol761 of2009 Puran Versus 1 Pardeep Kumar andothers espondenl 229 RSA Noe2762of 2009 Maln Chand andothers lppellant Versus Pardeep Kumar and others Respondents COVI2 HONBLE MR JUSTICE HEMANT GUPTA HONBLE MR JUSTICE GtEV SINGH 1 Whether of local papers lnay be allowed to see the judgment2 2 To bereferredto the Reportersor not7 3 Whether the should be reportedin the Dieest2 71 Rani Anita 2012.11.29 12: 37 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 S 452 IvllsRDawa RandhlrBawa SamUelGill and ent Shashi Advocatesfor the in LPA Nos30 to 735 of2009 hD Mr AlCChopra Sr Advocate with Mr HarminderSinghAdvocate for the inCWP of 1991 15051and 1857701 2001 MlsLNNerma andKiran Pal SinghAdvocates forthe in CWP No 10684of2001 Ms SinghDAG Haryanafor the Statc Mr BhagSinghAdvocate forthe in RSA Nos2747 to2750 and2755 to2762 of2009 HEMANT GUPTA Je Thisorder shall disposeof aforementioned22 cases out of surplusland case of Om Parkash Osincedeceasedl All other cases exceptCWP Nosl0684 and 150510fof 2001 and A CWP No 185772001pertain to thesanctioning of lnutationcither on account of purchase of land as tenants area or thc asideofthe saidorders The three writ petitiOnS A J thecases in which the issuesregarding surplusland 01 above are 3 OmParkashis to be examined m Leamedcounsel for the partiesagreethat decision lll the saidthree writ petitionswould govem the remainlng cases as well and such cases can be disposedof in terms of the decision in the aforesaid writ petitions CWP Nos10684 of2001 and 15051 of2001 are by someofthe tenants who are claimingrightto purchaseIand as the tenant s permissible area of big landowner Om Parkash The therein have challengedthe orders dated 2909 1997 Rani Anita 2012.11.29 12: 37 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 6 453 e7rVl 11999 2403 2000 by the SpecialCollector 1 e and the Financial Coinmissioner 4t CWP of 2007 is filed by the legalheirsof deceased Om Parkash the aforesaid orders which are also matter ofchallengein the aforesaidtwo writ petitions The facts are that Om Parkash big lanc land in differentvillagesnamelyJagadhri owner was Mandebri Galoli Dasaniand FanakhpurHe submittedhis selectionin Form E in accordancewith Rule 3 oIof the Punjab of Land Tenures Rules 1956 for short the RulesJ aild thesaid form under post on 19061958 to thc sent Ambala It was pleadedby hiin in earlier writ petltlOtl No873 of 1987 thatforms were sentto the Collector Ior the reason that no SpecialCollector was appointed till the expiiyof sixmonths Alter the said selectionthe Collectorpassed an order on09071960 The saidorder readsas under Presentland owner with counsel Accordingto Fot11 D the land owner owned 101 SA 7 118 units of land 0111 15041953 andhe owns 120 SA 6112units at present Addillg area1 SA 1118unitsin villageMandebriand5 SA 9e112unlts inFarrakhpur ownedbythe land owner on 15 11 953 which hasbeel sold the totaiarea with the land oultler comes to 127 SA 1118 units Out ofthis the following area t5 undertenants as shown in the Form D relatingto Ihe lancl owner Jagadhri 1SA 4112 units Mandebri 62SA 19112 units Sugh 1SA 512units Galoli 36SA 214 units Dasani 2SA 1114 units Farrakhpur 5SA 9112 units 119 SA 14 units Rani Anita 2012.11.29 12: 37 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 7 454 Inaddition6 unitsof landare underorchardin Villaec area underthe tenants and the orcharcl 2 Mandebri with the land owner is less lhan his the area Thele is thereforeno surplus area wilh thc area Thecase be flled Announcect 091960 Sc CollectorJagadhri In the said order no surplus area was found with lhc as afterdeductingthe tenants area and thc of orchardthe landwith the landowner was foundto be less area thepermissible area After the said order was passed solne of flled for purchase of land under Section 18 the tenants of the PunjabSecurityofLand Tenures Act 1953 or short thc Act The Assistant Collector vide its order dated 29Ol969 of the as the area soughtto be of the tenants was within the reservedarea 01 by some theOm Parkash In againstthe said order by the tenants the learned remandedthe cases to the Assistant Collector J to examine thequestionthat whether the tenants are liable to 1 landif the reservationis not madeaccordingto Iaurand such land belongsto the area of the lanc TheCollector passed an order on 2321969 that the Ianc owner hassent his selection fonn with the Form A and C to tlle owner Collector lIl theyear 1958 but the landowner has sold land in Vil laee Binat Tehsil Thanesar District Karnal Therefore th is case was to be decided bySpecialCollector It was incuin belll uponlandowner to send his forms to Special Collector under Section 5A and 5B ofthe Act and under Rules 3 and 40fthe Rules andthe forms have been sent wrongly therefore no acllOll lS Rani Anita 2012.11.29 12: 37 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 8e 455 redon those forms In the against the saidOrderthc leaned on 154970 directedthe partiesto appeaI 41 beforethe Collector for reiecision After the said order the learned Collector passed an order on 1209 1972 declaring acres as the land surplusin the hands of big landeownerThe appeal againstthesaid order was dismissedbr on 22101973 But the leamed Financial vide its order dated1821974 returnedthe tllatlcr to the Collector after rejectingappealof the landowner The FinancialCommissionerdirectedthe SpecialCollector to look into threepointsdelineatedby him in the said order Thc of land measuring194 Kanals 14 Marlas silualed Ill Villaee Binatfrom landowner61eda writ petitionbeforethis coiil1 6859 of 19741This court set aside the order of Special Collector on 13 1978 so as to decide the claim of the as well The SpecialCollector thereafterreieterinined 1 the surpluscase ofthe Om Parkash on 06081979 The appeal 1 was dismissed on 21Oll981 The Financial ComlnisslollCr dismissed the revision on 22 10 986 The order passedby the FinancialCommissionerwas challengedbeforethis Court in CWP No873of 1987bv Om Parkash This Court reinittedthe matter io theFinancial Commissionerfor reiecision in accordancewith latniI and ln the lightof observations made therein as the order passed by the Financial Commissioner was found to be wilhout anv reasons The learned F inancial Commi ssioner acccpted tllc revlsion on 1609995 The relevant extract from the said order 71 reads as underl Rani Anita 2012.11.29 12: 37 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 456 The secondpoint whichI flnd a lot of nlerit is the 0 lrl that it is duringthe purchase of thc 4b4 caseof the land owner lt85 tenantthat the surplusarea e to beopenedThls is a verydoubtfulproposition 110 inymind Even if it was to be opened it could not haTebeell donewithouttheapproval of the higherauthorityAdnlittedll noapproval hasbeen obtainedwhilereviewing thesurplus area case ofthe landlord which had acquiredSnaIityon 9 0 1 960 The wrltten argumentssubmitted by the do not seem to carry muchconvictlon J am Srtnlvofthe view that 1111 these two counts alone therevisionpetition should succecd The orders dated61979 and 20O1 1981 of the Asslstlllll and theCommissionerare accordingly set aside I the case back to the SpecialCollector for dc notl byissuingnoticesto boththe parlies Thepresentroundof litigation is baseduloonthe order passed by the Collector on 2909 1997 after the aforesald orderof the Financial Commissioner The leamed Special A Collectorheld to the followingeffectl am fully In with the learned counsel 10r 1 The orderdated1609995 is verv muchclear In 1 orderdated09960 surplus area case of the landownelv J decidedandheld thattotalarea of the landownerwas 127 671 1 1 18units Out ofthis thefollowingareas was under tenanls Villaee Area SA Units Jagadhri 1 6414 Mandebri 62 12314 Sugh 1 5412 Galoli 36 2414 Dasani 2 11414 Farrakhpur 5 119 119 14 Inaddition to 6 units ofland as under orchard in villauc Madabri reducingareaunder the tenants and the orchard the area with the lanSeownerremains less than his pcrmissible area Thereafterduringpurchaseproceedings it was dctectcd thatthe Iandowner also holds land in villageMandi and 13iill falling111other district The positionregardingthesc 1l10 villagesis as underl Rani Anita 2012.11.29 12: 37 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 457 Village Area Remarks SA Unit Mandi 1 112 by tenants under Le ection 18 ofthe ACl d SA Utlll Bint 47 15314 Underold tenant 30 14114 soldupto30738 8 131 Banjar 6 3314 47 151 In the of the above discussionseven if aeaS O othertwo villageslS counted in the total holdingsof the landowne thepositionremainsthesame ieith No Surplus AreaThereforeafterallowing30 SA of area as hischoice the remaining area is declared as tenalllS per area I orderaccordingly The order by the Special Collector was affirrned ln appealon 1210999 by the leamed Comlnlssioner The Commissionerfound that two pointsremain to be decided Firstlythe ofform F and Secondlywhat is theeffect of deathof landowner It found that the merits of the 1 case are not affectedby not preparing Form F and thal no such 1 pleahas been raised on behalf of the Iandowner thal thc J calculations made are incorrect in any manner In respectof the 1 ofdeath ofthe landowneron 19071992 the learned found that the heirs ofthe landowner from 1992till 1997 had not movedany application before the SpecialCollector nor took anv other to obtain the beneflt of reopening of the case of Therefore the legalheirs of the landowner had no rightto make such claim in an appealfor the first tilne In respect of plea of the tenants in the appealthat the order datcd 09071960 is a nullity it found that the High Court and thc FinancialCommissioner have held this order to be valid and that therightsofthe tenants are not affected as the tenants pertnissible Rani Anita 2012.11.29 12: 37 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 458 would remain lntact TheFinancialColnlnissioncrha 1 ijsmissed the revision in limi77eOn 2403e20004 The legal heirs of the landowner in their wril petltlOll Nol8577of 2001 have soughtsettlng asideof the orders dated and 24032000 It is specificpleaded case 29091997 ofthe legalheirs of the that the order dated0907 960 and could not be specially in the hasattained bv the tenants The relevanl 1 averments 111 13 ofthe writ petition read as under a the order datedJuly 9 1960 Annexute P having the finality could not be reopenedespcciall inthepurchase initiatedby the tenants 6b Because although No in para NoA of his order Annexure Pl4llas foundand held that the orderdalcd Julv9 1960hadattainedOnalityandthesaiddecisioncannut be and no changecould be madeby the Speclol Haryanain the same yet he erredin dismissingthe appeal flled by thelandownerletltloners 6c9Because the order Annexure Pll havingnot been by anyoneincluding the tenants and the Statc thc are to workouttheirrightswithin the ambit01 tllc saidorderand underno provision of law thesame could he tce 1 opened During the course of argumentsthe partieswere ac in respectofselection madeby the landownerin forln I3 Oll 19061958 1e afterthe insertionof Section 5A 5B and 5C in the Act vide Act NoA6 of 1957 The said fact is admitted in the wrltten statement filed on behalf of SpecialCollector Haryatla 111the present set of writ petitionsand noticed in thc order datcd 23J21969passedby the Collector attachedin earlier writ pelitloll filedby landeowner It is also recorded in the order datcd Rani Anita 2012.11.29 12: 37 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 1Y5 1 459 111987 bytheDivision Bench ofthis Courtin thc sajd 1L writpetition as well as in the orderpassedbythe SpecialCollector V on29091997 Mr ACChopraSenior Advocate appearlngOll behaif of the legalheirs of the landowner arguedthat thc for the declarationof surplusland of the landowner shall be deemedto be on the date of colnmencement 0 TheHaryanaCeilingof Land HoldingsAct 1972 for shorl thc Haryana Act therefore the surplus area case of Om Parkash has to bedecided in terms of Section330ii ofthe HaryanaAct read With Section 1040bofthe Act It is argued that the order passcd bytheSpecialCollector is not sustainableas the surplus area ofthe land owned byOm Parkash is to be rieterinined aflcr A his death on 1931992 as on the said date the land was nol utilized It is argued that the land can be said to be utilized only 1 3 when is handed over to the tenants after allotment of dd J land and on of otherformalities The order of allotlnenl 1 itself does not amount to the completionof the process 0 1 utilization Reliance is placedupon the Hon ble SupreineCouil judgmentreportedas Finoncial Commissioner Haolana and others Vs Smt Kela Devi and another AIR 1980 SC 309 Krishna Kumari and another VseState of Harvana and another 1991 SCC 338 and upon Full Bench judgmentof this Coun lll Smt Aiit Kaur and others Vse The Puniab State and others 1980 PLJ354 It is also arguedthat the order passedby the Financial Commissioner on 16091995 remandingthc casc to the Special Rani Anita 2012.11.29 12: 37 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 3 1 460 f0rde novo is deemedPermiSS100 Ior re ctor ofthe landowner Om Parkasl Thus determinationof surpluscase Y ofland would be availablefor by the tenants as no part thesurplusland area ls to bedeterminedin the handsof Iegalheirs ofOm Parkashandnot as in the handsofOm Parkash Reliance is placedupon AntuVs Naresh Saran 2001 RCR ICivill 79DBPbl Anoop Singhand others Vs The State ofHarvann und others 2008 RCR Civil 626 0ePbl andSardara Sineh and Vs The Financial Commissionerand others2008 RCR Civil1744FuU Benchv Pb It is that the order dated09071960 has been by the Collector thoughthe surpluscase of the Iandowner was to be decidedby Special Collector in terins 01 Rulc 4B ofthe Rules as tlie land ofdeceasedbiglandowner was sltuated thanone district and that for declaralion o f ln more land of Om Parkashshall be deemedto be pendingalso 17 1 the reason thatform F has not been Reliance is placed 1 GurdialSinghdied3v his LRs Vs State ofHarana 1993 Upon I1 RRR 541SBPBI andAnoopSinh and others Vs The Stute and others 2008 RCCivill 626 DB Pb Mr LNNerma Advocate on behalf of the tenants that Order dated 97 1960 cannot be said to be void or wlthout only for the reason that the same was passcd byCollector and not by SpecialCollector and thal surplus Iand case cannot be for the said reason thoughthe selcction 01 the landowner should have been made known to the partiesIl is thecase of the tenants that selection of a permissible arc also Rani Anita 2012.11.29 12: 37 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 461 made eannot be either bYthe or by operatlonoflaw with the written consent 01 4 1 4Y Learned counsel also relied the tenants affectedby the change DivisionBench of this Court reported as upon a Lal and others VsStateofHarvana and others2001 1JPLJ 148 andKamlaDeviand othersVsStateofHarvanaand others2010 s l1 It is argued that the land VeStSWith S thecommencementofHaryanaAct the surplus land area casecannot be reletermined heard leamedcounselfor the paitlcs at After length we find that the following questions arlse i or considerationl i9 Whether the order dated09071 960 passedbv the Collectoi in of surplusarea of Onl Parkash is flnal and iiJ Whetherthe land was unutilized on 19071 992 11 1 ie the dateof deathof Om Parkash therefore the land area was requiredto be re 3 determinedin terms of Section 33 01 lllc 1 Act readwith Section 10A ofthc Acl 6iii Whether the tenants arca determinedin orderdated 9960 vests wilh tenants and stand utilized on the said date itself7 To consider the argumentsof thc Icarnccl counsel for thepartiesthe relevant provisionsof the Iunjab Securitv of Land Tenures Act 1953 and Rules fralned thereinder and theprovisionsof the Haryana Ceiling of Land Holdings Act needto be extracted Such provisionsread as underl 1972 ThePunjab SeeurityofLand Tenures Act 1953 Rani Anita 2012.11.29 12: 37 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 TS 1 462 A Declaration By Affidavits To 13e FurnishedBy Certain And Tenants Everl 4 landowneror tenant whoons or holds land in excess of the area andwhere land is situatedin more thall OIlC circle shallfurnish within a periodof six monthslrlIlll the of the PunjabSecurityof Land lenures Amendment Ac 1957a declaration by an affidavit lIl of theland vnedor held byhiin in sllcll fonn andmanner andto suchauthority as maybe 5mBe of PermissibleArea and Consequences 111 Failureto Selectl019 A landownerwho has not exercisedhI5 rightof reservatlOllunder thisAct may selecthis intimatethe selectionto the aUhO area theperiodspecified in Section5eAandin suchfornland manner as may be 0 that a landownerwho is required to llriliSh declarationundersection 54 shall intimate hiS SOleCtilIl alongwith that declaration 21 If a landownerfails to select lus permissible area ul accordancewith the of subsection l l thc authority may subject to theprovisions of Seclion5 C selectthe parcelor the parcelsof landwhich suchpcrson lS entitled to retainundertheprovisions of this Actl Providedthat the authorityshall not makc the selection withoutgivingthe landowner concerned Oll ofbeingheard 5eCe For Failure To Furnish Declaration l 11 11 t 1 or tenant fails to furnishthedeclaration by an affidavit as by Section A the prescribcd not belowthe rankof Controllerlnay by order clirect thatthe wholeor partof the land of such landowner or lenant inexcessoftenstandardacresto be speciSed bysuchauthor shallbe deemed to be the surplusareaof such 1at1d01v11e1 r11 tenant and shall be utilized by the State Governnlentror thc purpose mentionedin Section 10 XXX xxxx 10A SurplusArea For Resettlement of EjectedTenants a The State Governmcnt or any omcet enlpowered bl il Ill behalfshall be coinpetent10 utilize an5 surplusare21Ior this theresettlement oftenant ejectedor to be ejectedunder clause 6ioof subsection 11of Section 9 Rani Anita 2012.11.29 12: 37 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 in alll Otheriaiv lOr 463 6b anything contained 7 the tilne beingin forceand save in thecase of Ialld Ilt 1 the StateGovernmentunderany law for thetimebelngin force 4 transfer or otherdisposition 01 orby heirbyinheritanceno land whichis comprised in surplus area at thecommencemenl ofthisAct shallaffecttheutilizationthereofin clauselal Such of any surplusarea will llol the rightof theIandownerto receiverent fronlthe lenanl sosettled ThePunjabSecurityof Land TenuresRules1956 ofdeclaration under Section5nA of the Act 3 Form etce 619The declaration bv an afdavit required 10 bc underSection5eAof the Act shallbe furnishedb 1 in Fonns A andC andby a tenant in Forins B and C either or by registered post due9 tol the Collectorofthe district if hisland is situatedIn 6a9 suchpatwarcircles as are comprised within onc districtland 00 theSpecialCollector if his land is situatedln such circlesas are in nlore thanone distric B Prescribedauthorityunder submsectior21 of Section 5wB and Section 5C of the Act for the purposeof su sectlon 2Jof Section5B and Section 5C of the Act the authorityshallbe i9the Collector if thelandsownedor held l a Iand owner or tenant are situatein patwarcirclescomprised 111Oile districtland ii9theSpecialCollector ifthe landsownedor held b alandowneror tenant are situatein patwarcircles ill morethan one district 71 6 Assessment of surplus area with landowners and tenants XXX XXX XXX The Collector or the SpecialCollector shall preparc 21 OJ in form F and forward immediatelya copy thereof lo 1 the downer or tenant concerned Under COVe 0 prescribed in the Form and it shall be served ltpilll thelandowner or tenant as if it were a summons in the manncr in Section 90 ofthe PunjabTenantAct 1887 Rani Anita 2012.11.29 12: 37 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 7 464 Fornl 1 TheSpecial Collectorshallalsofonvarda cop of F iil byhim to theCollectorof every districtin which lhc 4 area ofthe iandowneror tenant is sltuate r TheHaryanaCeilingofLand HoldingAct 1972 12 Vestingof surplusarea l The surplusarea01 2t landownershall thedateon which it is declaredas such shall be to have been acquiredby the State Govemmentfor a purposelide Act Nol 7 of 19761 and all title and interest 0ncludingthe contlngent if any br anylaw custom or usagefor lhc in forcel of all personsin such area shall stand time andsuchrightstitle andinterestshall vest in lhc State Governmentfreefromanyencumbrance 62 The rightand interest of the tenant in his surplus arca which is includedwithinthe permissible area of the landowncr shallstand 01 The area declaredsurplusor tenant s arca underthe law andthe area declaredsurplusunderthe Law which has not so far vested in the St2t1c shall be deemedto have vested in the Stale with effect from the appointed dayand the arca whichmay be so declaredunderthe Punjablaw or the Pepsu lawafterthe appointed dayshallbe deemedto have vestcd111 1 the StateGovemmentwith effect from thc date 01 such declaration6Vide Act NoAO of 19761 3 33 Repealand Savings XXX XXX 1 21ciil the proceeding for the determinationof the surplusarcil immediatelybeforethe commencement of this Acl undertheprovisions of either of the said enactments which shallbecontinuedand disposed off as it this Act hadnot becn and thesurplus area so determinedshall vestin andhe utilizedby the State Govemment ln accordancewith tlle ofthis Act The Scheme of the Act including thc sc012c 01 Sections 5A 543 c0 5C inserted by PunjabAct No6 of 1957 cameup for consideration before the Honble SupremeCouri in 2i judgmentreportedas Laipat Rai and others Vs The State of Puniaband others AIR 1981 SC 1401 In the aforesaid caseonc Rani Anita 2012.11.29 12: 37 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 r 465 of theeffect of lntimatlonIIl decided1S 111 0 E to the Collector It was held that intimation Ill E is bout a selectionof the area undersub Fonn 1 of Section5B The Honble Court held to thefollowlng eHectl In to contention6a1the followingproposltions fromthevariousprovisions oflawjustaboveset outl 6iReservation of land was envisaged onlyin secllon of the Act andhadto be intimatedwithin six nlonthsllYnll thedateofcommencementofthat Act le onor beforethc 15 October1953 ii Noprovision was ever madein the Act or therules framed for a reservationof Iandby a landowner who hadfailed to sendan intimationthereofon or belore the 15 Octobe1953 6iiil What was provided by section B was inlci0alia