- (1.) These appeals are being disposed of by a common judgment since a common question of law arises, the parties are inter-related and the dispute relates to the same land. These appeals arise from the judgment of the Punjab and Haryana High Court in C.W.P. No. 1677 of 1985 and batch by which a Division Bench dismissed the writ petitions of the appellants in limine. Thus these appeals by special leave are filed.
(2.) The appellants' family had 828 standard acres of land. Under Section 2(5) of the Punjab Security of Land Tenures Act, 1953, for short 'the Act' which came into force w.e.f. April 15, 1953 the Collector took proceedings dated June 27, 1960 and declared surplus lands concerned in the respective appeals. That declaration became final. Thereafter, applications were filed under Rule 8 of the Rules made under the Act seeking permission to utilise the surplus lands by continuing in their possession on the ground that they were cultivating the lands as a modern farm. It is unnecessary to advert to previous history of the surplus lands except to state that the Special Board by its order dated May 12, 1964 made under Rule 8 of the Rules permitted the appellants to continue to use the surplus area after ejecting the tenants that were put in possession by the Collector under East Punjab Area Utilisation of Lands Act, 1949. While the appellants continued to enjoy the surplus lands, the Haryana Ceiling on Land Holdings Act, 1972 came into force w.e.f. January 24, 1971. By operation of subsection (3) of Section 12 of the Haryana Act, the surplus lands stood vested in the State w.e.f. December 23, 1972. The appellants filed writ petitions claiming that the minors in the family had, after declaration of the lands as surplus under 1953 Act, having become majors, they cannot be regarded as surplus holders and, therefore, they were entitled to continue to use the lands. Those writ petitions being dismissed, the present appeals are filed by special leave.
(3.) Shri S. M. Ashri, the learned counsel for the appellants strenuously contended that by operation of Section 9 of Haryana Act read with the provisions of 1953 Act, the appellants continue to remain as owners of the land though the lands were declared surplus. He maintained that the lands since remained undistributed among tenants and continued in appellants' possession and enjoyment as owners, they were entitled to be considered under Haryana Act as non-surplus landholders. Whether they are having lands within the ceiling limit prescribed under Section 7 of the Act has, therefore, to be considered and redetermined. We find no force in the contention.;