WRIT PETITION 4816 of 1996 on 16 September 2005

PUNJAB AND HARYANA HIGH COURT, CHANDIGARH.***

CIVIL WRIT PETITION NO. 17930 OF 2005Date of Decision: 3rd October, 2011.

Smt. Deep Kaur and another

Versus

The State of Haryana and others.

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CORAM:HON'BLE MR. JUSTICE SATISH KUMAR MITTALHON'BLE MR. JUSTICE PARAMJEET SINGH.***

Present:Shri Som Nath Saini, Advocate, for the petitioners.Shri Ajay Kumar Gupta, Addl: A.G.Haryana.

Shri Randhir Bawa, Advocate, for respondent No.4.***

Paramjeet Singh, J

The instant writ petition has been filed by Deep Kaur and anotherfor issuance of writ of certiorari for quashing the order dated 18.9.1987(Annexure P-3) passed by Joint Secretary Rehabilitation-cum-Chief SettlementCommissioner - respondent No.2 and the order dated 16.9.2005 (Annexure P-6),passed by Secretary to Government of Haryana - respondent No.1.

The brief facts of the present case are that one Arjan Singh son ofNihal Singh, who was a displaced person, was allotted land measuring 33Kanals 3 Marlas in Village Majri Tehsil Guhla District Kurukshetra (Now in DistrictKaithal) vide allotment order dated 19.11.1984 (Annexure P-1). The successorsin interest of the allottee of the land i.e Sawran Kaur (widow), Sadhu Singh,Rajinder Singh (sons) and Smt. Sunder Kaur (daughter) sold the land in favourof petitioners vide sale deed dated 29.7.1985 (Annexure P-2), for a valuableconsideration. The Chief Settlement Commissioner in the year 1987 on areference made by the Assistant Registrar-cum-Managing Officer, RehabilitationDepartment, Haryana initiated proceedings for the cancellation of the evacueeland allotted to the aforesaid allottee. The Chief Settlement Commissioner vide CIVIL WRIT PETITION NO. 17930 OF 2005

impugned order dated 18.9.1987 (Annexure P-3) held that Shamlat Land vestedin the Gram Panchayat. In view of the judgment of the Hon'ble Supreme Court inGram Panchayat, Jamalpur Versus Malwinder Singh (AIR 1985 SupremeCourt 1394), the allotment of shamlat land to the allottee was held void and thesame was cancelled.

The State of Haryana made amendment in the Punjab VillageCommon Lands (Regulation) Act, 1961 (hereinafter referred to as the Act) videHaryana Amendment Act No. 13 of 1996 which received the assent of Governorof Haryana on 8.4.1996. By way of amendment Sub-clause 2(ii-a) wasintroduced after clause 2(ii) of Section 2(g) and the land allotted on or before 9[th]July, 1985 was excluded from the purview of Section 2(g) of 'the Act'.

The validity of amendment in the said Act has been up-held by theDivision Bench of this Court in CWP No. 4816 of 1996 Gram Panchayat ofVillage Kum-Kalan Versus The State of Punjab and others decided on7.4.2010. Admittedly, the allotment of the land was made in favour of thepredecessor of the petitioners prior to 9.7.1985 and the land allotted on orbefore the said date is excluded from the purview of Section 2(g) of the Act.

In view of the admitted facts, the present writ petition filed by thepetitioners is squarely covered by the decision of a Division Bench of this Courtin Gram Panchayat of Village Kum-Kalan's case, referred above. Accordingly,the writ petition is allowed. Consequently the order dated 18.9.1987 (AnnexureP-3) and order dated 16.9.2005 (Annexure P-6) passed by respondent No.2 andrespondent No.1 respectively are hereby quashed.

(Paramjeet Singh) Judge

October 03, 2011Malik

(Satish Kumar Mittal)Judge