LACHHMAN DASS RAM KISHAN Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS order will dispose of two applications ( S. C. As 223 and 224 of 1970)under Art. 133 of the Constitution for the grant of a certificate for filing an appeal in the Supreme Court of India against the judgment of a Bench of this Court dated 26th February, 1970, dismissing in limine L. P. As. 18 and 19 of 1970 filed against the judgment of a learned Single Judge of this Court, disposing of two writ petitions (C. Ws. 2938 and 2939 of 1965 ).

(2.) BEFORE the learned Single Judge the two petitioners, namely, Lachhman Dass and Vidhya Bhushan, in their respective writ petitions, C. W. s 2938 and 2939 of 1965, challenged the orders of the Special Collector, the Commissioner and the financial Commissioner, declaring certain area in their hands as surplus, mainly on two grounds, first that the chahi land had not been properly valued and, secondly, that a proper interpretation was not being put on the provisions of the Punjab security of Land Tenures Act, 1953 (hereinafter referred to as the Act) and that under the provisions of the Act each of the petitioners was entitled to 100 ordinary acres of land, even if, according to the valuation, this area amounted to more than 50 standard acres.

(3.) THE learned Single Judge accepted the contention of the petitioners, so far as he first point is concerned, and came to the conclusion that the value is to be determined according to the quality of the land as it existed on 15th April, 1953, the date on which the Act was enforced, and not as existed in the year 1944-45 and, consequently, quashed the impugned orders to that extent and sent back the case to the Special Collector for redecision of the question of valuation only after giving an opportunity to the petitioners to lead such evidence as they may desire to do.