Case: Om Prakash &amp; Others Vs. Union of India &amp; Others

the Appellants had sought for and obtained information and in so far as Shud Kars are concerned they were informed that they were destroyed after 6 years and that no Shud Kars were available for the year 1947 or before and on the 4th occasion when again information was sought for with respect to these Shud Kar as stated earlier the Deputy Commissioner for India in Pakistan had replied that the Pakistan authorities were not co-operative in such matters.10. It may be observed that nowhere was it urged that neither the Fard Taqsim nor the Khasra Girdawari were not important revenue records nor that they do not disclose the classification of the land or source of irrigation. What was urged was that the records sent by the Pakistan Government were not reliable. We do not think that the contention that Fard Taqsim and Khasra Girdawari are not important documents is justified nor can it be said that it is not possible to say what is the nature, extent or quality of the land. The learned Advocate has referred us to page 49 of Land Resettlement Manual by Tirlok Singh which is said to be a standard work. It is therein stated that for class of land the entry in the Jamabandi is to be followed strictly.11. Even the earlier references in the book show that the entries in the Jamabandi did not give all the necessary details and therefore certain directions had to be given.It is also evidence that details regarding the extent distribution and classification of land could be obtained from Fard Taqsim which is also an important Revenue record.12. A reference to the Punjab Land Revenue Act, 1887 would show that a Jamabandi is a Register of holding of owners and tenants prepared pursuant to Section 31 (2) of the Punjab Land Revenue Act, 1887. Under Sections 31 to 40 of the said Act record of rights and annual records are prepared. Jamabandi is part of the standing record maintained under Section 31 (2). A standing record is one framed at a settlement made before the said Act was passed or in pursuance of a notification issued under Section 32 of the Act and is considered to be a convenient way of distinguishing it from the annual record, an amended edition of the record-of-rights prepared for each estate yearly or at such intervals as the Financial Commissioner may prescribe in which all changes which have occurred since the standing record was framed are, or should be, incorporated. The form in which the Jamabandi is to be maintained is given in Land Revenue Rule 72 in which one of the particulars to be given in Column 6 is the "well or other means of irrigation" for the particular land. Khasra Girdawari is a harvest inspection book. This is given in the Punjab Land Records manual. Column 5 requires the class of land according to last Jamabandi to be shown. A new Khasra Girdawari will be brought into use when a new quadrennial Jamabandi has been prepared. While Fard Taqsim prepared under the Rules for the preparation and maintenance of Fard Taqsim arazi matruka made in exercise of the powers conferred by Section 46 of the said Act. The Fard Taqsim arazi matruka of the village would show that Column 7 requires the "well or other sources of irrigation" to be stated, just in the same way as in the Jamabandi Col 6. (The relevant particulars and forms of Jamabandi, Khasra Girdawari and Fard Taqsim are at pages 199-200, 361 to 367 and 305-306 respectively of the Punjab Land Revenue Act 1887 v Edition-1963 by Aggarawala).We are however, not concerned with the various aspects of these records as it is not necessary for us to consider them in this case except to the extent necessary namely to show that a Fard Taqsim is as important a document as Jamabandi and gives in so far as this case is concerned the relevant data for determining whether the land owned and left by the Appellants father was entirely canal land. Both the Section Officer- cum-Managing Officer as well as the Chief Settlement Commissioner therefore, were right in placing reliance on the Fard Taqsim and Khasra Girdawari to come to the conclusion that the entire land belonging to the Appellants father was not canal irrigated, and therefore, what was allotted was 15-17 1/2 standard acres in excess.13. Even from the order in Revision of the Central Government, Department of Rehabilitation dated 3-3-1966 it is apparent that the Appellants had again pressed before him similar contentions to those urged before the Chief Settlement Commissioner. Shri Nair in a detailed order while dismissing the revision observed:"as regards the plea that yet another opportunity may be given to the petitioners to produce some documentary evidence I am of the opinion that in the circumstances explained by the Chief Settlement Commissioner (R) it will hardly serve any purpose as the Shud Kar of the Canal Department on which they rely are reported to have been destroyed.However, if there is any cogent documentary proof to establish that the entire land was Nehri, the petitioners can place it before the authorities concerned in order to get their account corrected. As matters stand at present which indicate that all possible efforts were made to obtain the information from Pakistan, I find no illegality or impropriety in the impugned order. The petition is devoid of force and is hereby rejected".14. We consider this order to be fair and reasonable. There is no doubt that it is still open to the Appellants to avail of the opportunity afforded to them to procure and produce such material from which it can be established that the entries in the Fard Taqsim and Khasra Girdawari are not correct or that the lands owned by the Appellants father were canal lands entitling the Appellants to an allotment of 49.2 standard acres. Till then no exception can be taken to the orders passed by the concerned authorities.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]This contention in our view has no validity. It is aproposition of law that where a specific power is conferred without prejudice to the generality of the general powers already specified, the particular power is only illustrative and does not in any way restrict the general power.The decision of this Court in Estate Development Ltd. v. Union of India, (1970) 1 SCJ 927 = (AIR 1970 SC 1978  ) did not consider this aspect of the matter and was only concerned with(2) of Section 24 and consequently it is not of much assistance to the Appellants.7. In this view the contention of the learned Advocate that neither the SectionOfficer under Section 19 nor the Chief Settlement Commissioner under Section 24 had jurisdiction to revise their earlier orders, has no force, nor is there any justification in the contention that Respondent 3 could not refer the matter to the Chief Settlement Commissioner for him to exercise the power under Section 24 (1) of the Act.8. On the merits of the case there is no doubt that the initial allotment was made on the assumption that the land belonging to the Appellants father which was left in Pakistan as canal land but as it turned out from the records which the Department of Rehabilitation obtained from the Pakistan Government the lands owned by the Appellants were not entirely canal land but there were included in it Banjar Jadid, Banjar Qadim and Ghair Mumkin land, which did not entitle the Appellants father to allotment of 49.2 Standard Acres but to a lesser extent. In other words the allotment made to the Appellants father initially was1/2 standard acres in excess of the extent to which he was entitled. The Appellant, however, as already stated contests this finding. Thelearned Advocate on their behalf has urged before us that Fard Taqsim and Khasra Girdawari had not correctly indicated either the extent of the land or itsclassification. We do not think this contention is tenable.It may be observed that nowhere was it urged that neither the Fard Taqsim nor the Khasra Girdawari were not important revenue records nor that they do not disclose the classification of the land or source of irrigation. Whatwas urged was that the records sent by the Pakistan Government were not reliable.We do not think that the contention that Fard Taqsim and Khasra Girdawari are not important documents is justified nor can it be said that it is not possible to say what is the nature, extent or quality of the land. The learned Advocate has referred us to page 49 of Land Resettlement Manual by Tirlok Singh which is said to be a standard work. It is therein stated that for class of land the entry in the Jamabandi is to be followed strictly.11. Even the earlier references in the book show that the entries in the Jamabandi did not give all the necessary details and therefore certain directions had to be given.It is also evidence that details regarding the extent distribution and classification of land could be obtained from Fard Taqsim which is also an important Revenueare however, not concerned with the various aspects of these records as it is not necessary for us to consider them in this case except to the extent necessary namely to show that a Fard Taqsim is as important a document as Jamabandi and gives in so far as this case is concerned the relevant data for determining whether the land owned and left by the Appellants father was entirely canal land. Both the Section OfficerOfficer as well as the Chief Settlement Commissioner therefore, were right in placing reliance on the Fard Taqsim and Khasra Girdawari to come to the conclusion that the entire land belonging to the Appellants father was not canal irrigated, and therefore, what was allotted was1/2 standard acres in excess.13. Even from the order in Revision of the Central Government, Department of Rehabilitation datedit is apparent that the Appellants had again pressed before him similar contentions to those urged before the Chief Settlement Commissioner. Shri Nair in a detailed order while dismissing the revisionregards the plea that yet another opportunity may be given to the petitioners to produce some documentary evidence I am of the opinion that in the circumstances explained by the Chief Settlement Commissioner (R) it will hardly serve any purpose as the Shud Kar of the Canal Department on which they rely are reported to have been destroyed.However, if there is any cogent documentary proof to establish that the entire land was Nehri, the petitioners can place it before the authorities concerned in order to get their account corrected. As matters stand at present which indicate that all possible efforts were made to obtain the information from Pakistan, I find no illegality or impropriety in the impugned order. The petition is devoid of force and is hereby rejected".We consider this order to be fair and reasonable. There is no doubt that it is still open to the Appellants to avail of the opportunity afforded to them to procure and produce such material from which it can be established that the entries in the Fard Taqsim and Khasra Girdawari are not correct or that the lands owned by the Appellants father were canal lands entitling the Appellants to an allotment of 49.2 standard acres. Till then no exception can be taken to the orders passed by the concerned authorities.