Decided on February 23,1994

PURKHA RAM Respondents


- (1.)Leave granted in special leave petitions.
(2.)These appeals by special leave arise from the judgment of the division bench of the High court of Rajasthan in Civil Special Appeal No. 660 of 1986 and batch dated 11/3/1986. The facts which lie in a short compass, are stated as under.
(3.)The displaced persons under the Bhakra Nangal Dam were rehabilitated in Rajasthan Canal Produce area now known as Indira Gandhi Nehar Project in Rajasthan. From 1961 to 1967, various persons had been rehabilitated thereof. 50 bighas of land was allotted to each respondent in the appeal by proceedings dated 16/5/1961. Thereafter proceedings were issued by the Deputy Commissioner, Colonisation, Rajasthan on 28/12/1965 that in compliance of the Commissioner, colonisation order of the above date, the allotment to the landlords farmers of the Bhakra Project in the R. C. P. area was on the terms and conditions mentioned thereunder. Condition Nos. 1 and 2 are relevant for the purpose of these cases :
"1.That the allottee will be bound by the provisions of Rajasthan Colonisation Act, 1954 and the rules thereunder as amended from time to time in future. 2. That the value of the land will be fixed by the State government and it will be the responsibility of the allottee to make timely payment and allottee will also be responsible to pay in time the instalment of payment fixed by the State government. "thereafter R. C. (R. C. P. government Land Allotment and Sale) Rules, 1967 (for short the Rules) were made exercising the power under Section 28 of the Rajasthan Colonisation Act, 1954 (Act No. 27 of 1954, for short the Act. Rule 8 (1 (b) of the Rules, provides thus :

"8.(1 (B) All allotments of government land made in the Rajasthan Canal Project area before the commencement of these rules on a permanent basis, irrespective of the area allotted to each allottee, shall be deemed to have been made under these rules and the allottee shall be liable to the payment of price of such land at the rates provided for in Rule 23. "rule 23 prescribes the classification of the soil, price per bigha and price per murabba of 25 bighas which is described as a unit as under :

"23.Scales of price to be charged for different classes of land and the mode of payment. Following shall be scales of price which may be charged for government lands allotted under these rules for which various soil classes have been sanctioned by the Collector as defined in the Act. 169. htm172 (2 No betterment fee shall be charged on government lands allotted at above prices. (3 In case land allotted as uncommand becomes command at any subsequent time, the price payable will be (the market price prevalent at the time) for command land and the allottee shall be liable to pay the deficiency in price occasioned thereby and in case any land sold as command is declared as uncommand by the Irrigation Department before its price is fully paid up the amount paid towards the payment of the price thereof as command land, will be adjusted towards the price and instalments payable for it as uncommand land and any amount paid in excess thereof will be refunded to the allottee. (4 Allottees other than Scheduled Castes and Scheduled Tribes shall pay 121/2% of the price and those belonging to the Scheduled Castes/tribes shall pay 5% of the price at the time of allotment and the residuary amount shall be paid in ten equal instalments as indicated below in respect of each square of 25 bighas commencing from the year in which water is released for the irrigation of the allotted land. "a reading of the said provisions of the Act and Rule 8 (1 (b) clearly indicates that the effect of the allotment made in favour of the displaced persons from Bhakra Nangal Project area and rehabilitated in Rajasthan Canal Project area was that the allotment was on permanent basis irrespective of the area allotted to each of the allottees. They shall be deemed to have been allotted under the Rules. The allottee was enjoined to pay the price of the land at the rate provided in Rule 23. It is an admitted case that the respondents did make payment as contemplated under Rule 23.


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