89 1 t 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CIIANDIGAIUI C DateofDecisionl March 17 201 RSA Nol748 of 2009 Surlaand others Appcllants Versus 1 Chhavi and others r 0 CORAM HONBLE MR JUSCE HEMANT GUPTA C HONBLE MR JUSTICE GURDEV SINGII I I WhetherReporlcrs of local papers may be allowed to sce the C5 I 2 To be referredto theReporters or not2 3 Whether should bereported in the Digest9 Z Present Mr BhagSinghAdvocate fot the HEMANT GUPTA J For order see LPA No30 of 2009 titled ShashI C45 Kumur and others Vs Financial CommissionerHarvana and others 0e 7 Z J GUPTAI JUDGE 1 March 17 2011 6GURDEVSINGIII Vimal JUDGE JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 40 4 Ih Illl TFlE HIGH COURT OF PUNJAB AND HARYANA AT V CHANDIGARH Date ofDecisionl Marchl 2011 19 LPA No730 of2009 ShashiKumar and others Versus L 0 Financial Commissioner Haryanaandothers espondents C 21 LPA No7731of2009 I C5 Shashi Kumar andothers lppellants I Versus Z w Financial Commissioner Haryanaand others espondents 31 LPA NoJ32 of 2009 I 08 ShashiKumar 00 Versus en Z Financial Commissioner Haryana andothers espondents flm 41 LPA No733 of2009 ShashiKumar and others Llppellants Versus Financial Commissioner Haryanaandothers espondents 51 LPA No734 of2009 ShashiKumar and others 4ppellants Versus Financial CommissionerHaryanaand others espondcnts JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 2 41 S 61 LPA No35 of2009 4r ShashiKumar and others Appellants Versus FinancialCommissionerHaryana and others espondents 71 CWP No10684 of2001 Surtaetc etitioners 1m Versus 0 0 Stateof Harvanaandothers Respondents 81 CHP No150510f2001 C5 I BangiRam and another Petitioners Z Versus r Stateof Haryanaandothers 7espondents I 91 CWP No18577 of2001 a5 00 ShashiKumar and others etitioners 3 Versus Z Clm StateofHaryana andothers espondents 10 CWP No12353 of 1991 Om Parkashandothers Oetitioners Versus Stateof Haryanaandothers 111 RSA Noe2747 of 2009 Nathi Ram andanother lppelIant Versus ShashiKumar espondent JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 42 59 121 RSA No2748 of 2009 Sv Surtaand others Appellant Versus Chhaviand others espondents 131 RSA Nol749 of2009 Dauli lppellant m r VersuS 0 ShashiKumar espohdent 0 I 141 RSA Nol750 of2009 C5 Mam Chandandothers lppellant 4 Z Versus r Divya espondent 151 RSA Noe2755of 2009 08 Doli lppellant CO 3 Versus Z Pardeep Kumar and others espondents Om 161 RSA No2756 of 2009 Nathi Ram andanother Appellants Versus PardeepKumar and others Respondents 179 RSA No2757 of 2009 SauniDevi 4ppellant Versus Pardeep Kumar and others 2espondents JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 4 43 tr 181 RSA No2758 of 2009 9 Surta Appellants Versus Pardeep Komar andothers 2espondents 191 RSA No2759 of 2009 Sohan Lal andothers lppellants m 0 Versus 0 Pardeep Kumar andothers C 6201 RSA Noe2760of 2009 C5 I Kreshni Devi and others lppellants Z Versus r Pardeep Kumar andothers Respondents 211 RSA Noe2761of2009 a5 Puran Appellant CQ 7 Versus Z Il Pardeep Kumar andothers 221 RSA Nol762 of 2009 Mam Chand and others Appellant Versus PardeepKumar and others Respondents CORAM HONBLE MR JUSTICE HEMANT GUPTA HONBLE MR JUSTICE GURDEV SINGH 1 WhetherReporters of local papers may be allowed to see the judgment2 2 To be referred to theReporters or not2 3 Whetherthejudgmentshouldbereportedin theDigest2 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 44 1 Presentl MlsRDBawa RandhirBawa SamuelGill and J ShashiGuptaAdvocatesfor the in LPA Nos730 to 735 of2009 Mr AKChopra Sr Advocate with Mr HarminderSinghAdvocate for thepetitioncrs inCWPNos2353 0f1991 15051and 18577of 2001 Mls LNNerma andKiran Pal SinghAdvocates forthe in CWP No 10684of 2001 Ms ShubhraSinghDAG Harvanafor the State 1 0 Mr BhagSinghAdvocate for the in RSA Nos2747 to 2750and 2755 0 to 2762 of2009 C HEANT GUPTA J I C5 This order shall disposeof aforementioned22 cases arising out of surplusland case of Om Parkaslsince deceasedl Z All other cases exceptCWP Nos684 and 150510fof 2001 and r CWP No 185772001 pertain to thesanctionlng of lnutationcither 08 on account of purchase of land as tenants area or the QO setting asideof the said orders The threewrit petitionsmentioned Z above are the cases in which the issuesregarding surplusland of Om Oln Parkash is to be examined Leamed counsel for the partiesagreethat decision lll the said threewrit petitions would govem the remaining cases as well and such cases can be disposedof in terms of the decision in the aforesaidwrit petitions CWP Nos10684 of2001 and 15051 of2001 are bv someofthe tenants who are claimingrightto purchaseland as the tenant s permissible area of big landowner Oin Parkash Thc petitionerstherein have challengedthe orders dated 29091997 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 6 1 45 12 01 999 8i 24032000 passedby the SpecialCollector Colnmissioner and the Financial Commissioner CWP No18577 of 2007 is filed by the legalheirsof deceased Oin Parkash the aforesaid orders which are also subject mattcr ofchallenge in the aforesaidtwo writ petitions The factsare that Om Parkash big Iant 1m owner was holdingland in differentvillagesnamelyJagadhri Mandebri SughGaloli Dasani and He submittcdhis 0 0 selection in Form E 111accordancewith Rule 3 6I of the Punjab C5 Securityof Lancl Tenures Rules 1956 0forshort the RulesI and I sent the said form under post on 19061958 to thc Z Collector Ambala It was pleadedby him in earlier wrlt petitlOll Cl 6CWPNo873 of 19879that forms were sent to the Collector Ior I the reason that no SpecialCollector was appointed till theexpllyof 08 SlX months After the said selection the Collector passed an ordcr C on 097 1960 The said order readsas underl Wm Z Present land owner with counsel According to lorm Clw D the land owner owned 101 SA 7 118 units of land 0111 15041953andheowns 120SA 6112unitsat present Adding area l SA 118 unitsin villageMandebriand 5 SA 0112units in Farrakhpur ownedbv theland owneron 15041953 which hasbeen sold the total area with the Iand owller comes to 127 SA 1118 units Out ofthis thefollowing area is under tenants as shown lIl the Form D relating to the land owner Jagadhri 1SA 412 units Mandebri 62SA 19112 units Sugh 1SA 5112 units Galoii 36SA 2114 units Dasani 2SA 11114 units 5SA 9112 units 119SA 14 units JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 46 el Inaddition6 unitsofland are underorchardin 1llaee Ill Mandebri Deducting areaunderthe tenants andthe orchard the area remainedwith the land owner is Iess than his area Thereistherefore no surplus area with the landvownerThe case befiled Announcedl09171960 Sdle ColIectorJagadhri In the said order no surplusarea was found wlth lhc landowneras after deducting the tenants area and the jr of orchard the land with the lantowner was found to be Iess area 0 than the area After the sald order was passedsolne 01 0 I the tenants 61ed for purchase ofland under Section 18 C0 I ofthe PunjabSecurityof Land Tenures Act 19531forshorl 7hc Act 1 The Ieamed Assistant Collector vidc lts order dated Z 29Ol 1969 disposed of the as the area soughtto be r by some of the tenants was within the reservedarea of I 08 the Om Parkash In appealagainstthe said order by the tenants C12 the learnedCollector remandedthe cases to the Assistant Collector 7 Z to examine the questionthat whether the tenants are liable to Ll purchase land if the reservation is not madeaccording to law and whether such land beiongs to the area of the Ianc owner The Collectorpassed an order on 23121969 that the Ianc owner has sent his selection form with the Form A and C to the Collector in the year 1958 but the landowner has sold land ltl Village Binat Tehsil Thanesar District Karna Therefore this case was to be decided by SpecialCollector It was incumbenl upon landowner to send his forms to SpecialCollector under Section 5A and 5B ofthe Act andunderRules 3 and 40fthe Rules 1 and the forms have been sent wronglytherefore no actlOll lS JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 47 8 4 on those forms ln the appeal said orderthc 1 4 leanedCommissioneron 15A1970 directed the partiesto appear before theSpecial Collector for reiecision After the said order the leamed SpecialCollector passed an order on 12 091972 14standard acres as the landsurplusin lhe handsof big The appealagainstthe said order was dismissed blnl Commissioner on 2210973 But the leamed Flnancial m r Commissionervide its order dated 18121974 returnedthe lnatler 0 to the Special Collector after rejectingappealof the landowner Ca3 I The learnedFinancial CommissionerdirectedtheSpecial Colleclor C5 I to lookinto threepointsdelineatedby him in the said order The of land 194 Kanals 14 Marlas situaled in Z VillageBinatfrom landownerfiled a writ petition beforethis courl tr 6CWP 6859 of 19741This court set asidethe order of Special I a5 Collector on 13 1978so as to decide the claiin of the 00 as well The SpecialCollector thereafterreedetermined 1 7 Z the surplus case of the Om Parkash on 06081979 The appeal Ll was dismissed on 21 Ol 1981 The Financial Commissioner dismissed the revision on 2 101986 The order passedby the Financial Commissionerwas before this Court in CWP No873 of 1987by Om Parkash This Coun remitted the matter lo the Financial Commissionerfor riecision in accordancewith law and in the lightof observations made therein as the order passed by the Financial Commissioner was found to be withoLit allV reasons The leamed Financial Commissioner acceptedthc reviSlOrl on 16091995 The relevant extract from thc said order readsas under JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 11 48 5 The secondpointin which l flnd a Iot of merit is the that it is duringthe purchase of the r tenantthat the surplusareacase of the Iand owncr tia5 to be openedThis is a verydoubtfulproposltion tu mymind Even lf it was to beopenedit could not havebeen donewithouttheapproval ofthe higherauthorityAdmittedl noapproval hasbeenobtainedwhilereviewing thesurplus area caseof thelandlord which hadacquiredftnality on 97 1960 Thewritten arguments submittedby the do 110t l am Ormlyofthe view Ihaton m thesetwo counts alone therevision petitionshouldsuccecd C The ordersdated6 1979 and 20Ol 981 of the Assistant 0 Collectorandthe Commissioner are accordinglv set aside 1 c3 remandthe case back to the SpecialCollector for dc llOVtl I determination byissuingnoticesto boththe parties C5 I The presentround of litigation is basedupon the order Z by the SpecialCollectoron 29091997 aer the aforesaid 1 order of the Financial Commissioner The leamed Special r Collectorheld to thefollowingeffectl I Ot5 am fully in with the Iearned counscl 171r QO landownerThe orderdated16091995 is verv muchclcar Ill lP orderdated09960 surplus area case ofthe landownerwas vm Z decidedandheld thattotal area of the landowneruras 127SA 1118units Out ofthis thefollowing areas was undertenantsl Qs Village Area SA Units Jagadhri 1 314 Mandebri 62 1214 Sugh 1 5 112 Galoli 36 2e114 Dasani 2 11114 Fanakhpur 0 9112 119 14 In additionto 6 units ofland as underorchardin illailc Madabri reducing areaunderthe tenants and the orchard the area with the landowner remainsless than his pcrmissible area Thereafterduringpurchase proceedings it was dctected that theIandowneralso holds land 111VillaeeMandi and Bitlt failingin other district The positionregardlng thesc two villagesis as underl JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 49 j l l Village Area Remarks SA Unit 0 Mandi l 1412 Purchasedbv tenants under Section18 of thcAct SA Unll Bint 47 1314 Underold tenant 30 1414 sold upto303 38 8 134 Banjar 6 374 47 1S34 ln the Iightof the abovediscussionseven if areas 01 other two villages1S counted in the total holdingsof the landownertheposition remainsthesame ie with No Surpllis 1 0 Area Therefore afterallowing 30 SA of area as perhis choice the area is declared as tenalltS 0 area I orderaccordingly C C5 The order passedby the Special Collector was af6nned tn appeal on 12101999by the leamed Commissioncl e Z The learned Commissionerfound that two pointsremain to be r decided Firstlythe of form F and SecondlywlhatlS r the effect of deathof landowner It found that the inerits of the I 08 case are not affected bynot preparlng Form F and ihat no such r10 plea has been raised on behalf of the landowner thal the 7 Z calculations made are incorrect in any manner In respectof the CL ofdeath ofthe landowner on 19071992 the learned Commissioner found thatthe heirs ofthe landowner froln 1992till 1997had not moved any application beforethe SpecialCollector nor took any other to obtain the benefitof reopening of the case of surplusTherefore the legalhelrs of the Iandowner had no rightto make such claim in an appealfor the flrst time ln respectof pleaof the tenants in the appealthat the order dated 09071960 is a llullity it found that the High Court and the FinancialCommissionerhave held thisorder to be valid and that therightsofthe tenants are not affected as the tenants perlnissibleJOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document I l 4 00 area would remain intact The Financial Commissioncrhas 4 dismissedtherevisionin limine on 24032000 The legalheirs of the landowner in their writ petition N018577 of 2001 have soughtsettingaside of the orders dated 290919971210999 and24032000 It is speciflcpleaded case ofthelegalheirs ofthe landownerthat the order dated09071960 has attainedfinalityand could not be specially in the 1 r initiated by the tenants The relevant 0 averments in 13ofthe writ petition read as under C I al Because the order datedJuly 9 1960 Annexure P l C5 having attainedthefinalitycould not be reopenedespeciallI I in thepurchase initiatedbythetenants bl Because although No in para No4 of his Z order Annexure Pl4 has foundand held that the orderdalcd m Julv 9 1960had attainedOnalityand thesaid decisioncannol C e be and no changecould be madeby the Speclal I CollectorHaryanain the same yet he erredin dismissing the 08 appeal flled bythelandowneroetitioners 00 6cl Because the order Annexure Pll havingnot been C by anyone includingthe tenants and the Statc thc m7 Z authorities are to Ivorkouttheir rightswithin the ambit 01 ihc saidorderandunderno provision of law thesame could be rc opened Duringthe course of argumentsthe partieswercad idemin respectofselection madebythe Iandownerin forin 11 on 19061958ie afterthe insertionofSection 5A 5B and 5C in the Act vide PunjabAct NoA6 of 1957 The said fact is admitted 111 the written statement filed on behalf of SpecialCollector Haryana in the present set of writ petitionsand noticed in the order datcd 23121969passedbythe Collector attachedin earlier writ petition flled by landowner It is also recorded in the order dated JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 4 Ol 1 301987 passed bythe Division Benchofthis Coun in the sald 4 writ petition as well theorderpassed by the SpecialCollector as ln on 2909997 Mr Senior Advocate appearing Oll betalf of the legalheirs of the landowner arguedthat thc for the declaration of surplusland of the landowner shall be deemedto be pending on the date of coinlnencement of 1 The HaryanaCeilingof Land HoldingsAct 1972 for shorl thc 0 H2rvanaAct therefore thesurplus area caseof Om Parkash has C to be decidedin terms of Section33621iilof theHaryanaAct read t5 I wlth Section 10Abl ofthe Act It is arguedthat the orderpassed bytheSpecialCollector is not sustainableas thc surplusarca ofthe Z land ownedbyOm Parkashis to be releternlulecl aflcr r1 his death on 193 992 as on the said date the Iand was not I a5 utilized lt is argued that the Iandcan be said to be utilized onll 00 when is handedover to the tenants after allotmcnt 0f mw Z landand on ofotherformalitiesThe order ofallotment tl itself does not amount to the completionof the process 0 utillzation Reliance lS placedupon the Hon blc SupremeCoutl judgmentreportedas Financial Commissioner Harvanu and others Vs Smt Kela Devi and another AIR 1980 SC 309 Krishna Kumari and another VseState of Harvana and another 1999 1 SCC338 and upon Full ofthis Coun in Smt Aiit Kaur and others Vs The Puniab State and others 1980 PLJ 354 It is also arguedthatthe order passedbythe Financial Commissioner on 16091 995 remandingthc case to the Special JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 11 402 8 Collector for de novo determinationis deemed lor rc detenninationof surplus case of the landowner Om Parkash Thus no partof land would be available for purchase by the tenants as thesurplusland area 1sto bedeterminedin the handsof Iegalheirs ofOm Parkashand not as in the handsofOm Parkash Reliance lS placedupon Antu Vs Naresh Saran 2001 2l RCR ivill 79DBbk Anoop Sinh and others Vs The State of Hurvanu e 0 and others 2008 RCR Civilj 626 bl and Sardara Singh 0 and others Vs The Financial Commissioner and others 2008 C3 I RCR Civil1744Full BenchwPbl 0 It is arguedthat the order dated0907 960 has been passedbythe Collector thoughthe surpluscase of the Iandowncr Z a was to be decided bySpecialCollector in terIns 01 Rule r 4B ofthe Rulesas the land ofdeceasedbi landowner was situated r a5 in more than one district and that for declaration 0f r10 surplusland ofOm Parkashshall be deemedto be pending also 10r a7 Z the reason that form F hasnot been prepared Reliance is placcd UIOOllGurdial Singh dieiObv his LRs Vs Stateof Harvanu 1993 11 RRR 541SBPB andAnoop Singhand others Vs The State ofHarvana and others2008 RCR CiviO 626DB Pb Mr LllVerma Advocate on behalf of the tenants arguedthat Order dated 9 960 cannot be said to be void or wlthout jurisdictiononly for the reason that the same was passcd by Collector and not by SpecialCollector and that surplusland case cannot be reopened for the said reason thoughthe selcction of the landowner should have been made known to the panieslt is also the case of the tenants that selection of a perlnissibleare JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 4 4 03 oncc madebythe landowner cannot be changed eitherby thc act of parties or by of law exceptwith thewritten consent 01 VW the tenants affectedby the change Learned counsel also relied upona Division Bench of this Court reported as Lal and others Vs StateofHaryana and others2001 ll PLJ 148 andKamlaDevi and others Vs StateofHarvana and others2010 21 SLJ 04H1 81I It is argued that the Iand vests with Stateon 1 C thecommencement ofHaryana Act thereforethesurplus land area 0 casecannot bereietermined C3 I After havingheard learned counsel for the parties at 0 1 some lcngth we find that the followingquestions arise lor considerationl Z Whetherthe order dated09071960 passedby r the Collectorin respectof surplusarea of Otn I Parkashis final and operative c6 6ii Whetherthe Iandwas urutilized on 1907 1992 00 1e the date of deathof Om Parkash therefore wm the surplusland area was requiredto be re Z determined in terins of Scction 33 01 thc HarvanaAct read with Section 101 ofthc Ac iii Whether the tenants perinissiblearea determinedin order dated 9 71960 vests with tenants and stand utilized on the said date itself7 To consider the respectiveargumentsof thc Icarncd counsel for the partiesthe relevant provisionsof the Punjab Securityof Iand TenuresAct 1953and Rules framed thereeunder and the provisionsof the HaryanaCeilingof Land HoldingsAct 1972need 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 4 04 Ae Declaration SupportedBy AffldaIts To 13e CJ Furnishcd ByCertain Landowners And Tenants Ilverl 1 Iandowner or tenant who owns or holds land in excess of the area andwhereland is situatedin nl ore thanonc Patwarcircle shallfurnish within a periodof six moilthsfrcltll the commencement of the PunjabSecurityof Iand Tenures Act 1957 a declaration bl an affldavitin respectof the landowned or held b him ln Sllch forinandmanner andto suchauthority as may be prescribed 543 Selectionof Permissible Area and Of 1 Failureto Select A landownerwho has not exercisedhis C rightof reservationunderthisAct may selecthis permissible 0 area and intimatethe selection to the prescribcd authoritl C3 withintheperiodspecified in Section A andin suchformand manneras maybe prescribed 0 Providedthata landownerwho is required to furnisll I I declarationunder Section SA shall intinlatc his seiection et alongwith thatdeclaration Z 2 1 If a landownerfails to select his permissible area 1ll 5t accordancewith the of subesectiontl the authority may subject to thc provisions of Section5 I C selecttheparcclor theparcelsof land which suchpcrsonIS rA5 cntitledto retainunder the provisions of thisAct oo Providedthat the prescribed authority shall not make the selection without givingthe landowner concerned an Wmm Z opportunity ofbeingheard 5C Penaltv For Failure To Furnish Dcclaration I l l ll a Il landowner or tenant fails to furnish thedeclarationsupporlcd by an aftldavit as requiredby Section 5A the prescribed authority not belowtherankofController mav bvorder dircct thatthewhole or partof the land of suchlandowneror tenant in excess often standardacres to bespeci8edbysuchauthoritv shall be deemed to be the surplusarea of such landoll ner or tenant and shall be utilized by the StateGovernnlenltor the purpose mentionedin Section 10 xxx xxxx 10A SurplusArea For Resettlement of EjcctedTcnants tal The State Government or any offlcer cmpowcredby lt lll this behalf shall be competentto utilize anv surplusarea lor theresettlementof tenant ejected or to be cjcctedunder clausc i9 ofsubsection 6ll ofSection9 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 16 Y 4 05 bl anything containedin anv other l1111or thetilnebeingin forceand save in thecase of Iandacquircd b1 4 theStateGovemmentunderanylaw for thetimebeingin force or bv anheirbyinhentanceno transferor otherdisposition of landwhichis comprised in surplus area at the commencement ofthisAct shallaffecttheutilizationthereofin clause Such utilizationof any surplusareawill nol effecttherightof thelandownerlo receivercnt fronlthc1C118111 so settle ThePunjabSecurityof Land TenuresRules 1956 1m 3 Form etc of declaration under Section A of the Act r I The declarationsupported by an afOdavitrequired to be hlmishedunderSection5A of theAct shall be furnishcdb o 0 C landownerin FormsA andC and bya tenant in lornls 13and I C eitherpersonally or by registered post C5 dueltol I ta1 theCollectorof thedistrict if his landis situatedill 4 such patw7ar circles as are compriscd uthin One Z districtland 5 tlol theSpecialCollector if his land is situat8dln such Q patwarcircles as are comprised in more than one I district 443 Prescribed authorityunder sulsectior21 of Section Cll 5B and Section SC of the Act or the purposeof sul 14 sectlOn 2 of Section5B and Section C of the Act the em Z prescribed authority shallbe 60theCollector if thelandsownedor held bv a lande tl owneror tenant are situatein patwarcirclescomprised 111Olle district and 6ii theSpecialCollector if thelandsownedor hcld bl a landowneror tenant are situatein patwarcirclescomprised in morethanone district 6 Assessment of surplus area with landowners and tenants xxx xxx XXX 70 6O The Collectoror the SpeciaiCollector shall preparc a statementin form F and forwardimmediatelv a copy thcrcof ttl the landowner or tenant concerned undet cover ll l i111 endorsementprescribed in thc Fornl and it shall be serlIeduptlll the landowner or tenant as if it werc a summons in the manncr prescribed in Section 90 ofthc PunjabTenant Act 1887 JOYTI RANI 2016.03.28 16:00 I attest to the accuracy and integrity of this document 1 4 06 iil The SpecialCollectorshallalsoforuard a copl of lornl l 21 byhim to theCollectorof everl dislrict in which thc Vv surplus area ofthe Iandowneror tenant is situate The HaryanaCeilingofLand HoldingAct 1972 12 Vestingof surplusarea 619The surplus areaof a landownershall rom thedateon which it is declaredas such shall be deeined to have been acquiredbl the Sttllc Governmentfor a publicpurposelvide Act No7 of 19761 and all rightstitle and interest 6including the contingent interestif any recognized byany Iaw custoin or usagelor lhc 1 time beingin forcelof all personsin such area shall sland r extineuished andsuchriehts title andinterestshall vesl 111Ihc 0 StateGovemment freefrom anyencumbrance 0 121The rightand lnterest of thc tenant in his surplus area I whlchis includedwithinthepermissible area of theIandowilcr C5 shall stand I The area declaredsurplus or tenants permissibie areil Z underthe Punjablaw and the area declaredsurplusunderthc PepsuLaw which has not so far vested in lhe State 1 r Government shaU be deemedto have vested in the St21tC Government with effect from theappointed dayand the arca which may be so declaredunderthePunjabIaw or thc Pcpsu 5 law aftertheappointed dayshallbe deemedto halnevested111 ao the State Governmentwith effect fronl the date 01 such declaration07ideAct NoO of 197617 a Z 330Repealand Savings XXX XXX 29 oil theproceeding for the determinationofthe surplus arca r1 pending beforethe commencementof thi Act underthe provisions of either