Bharucha, J. - (1.) This is a writ petition seeking the quashing of a notification dated 12th March, 1992, issued by the State of Rajasthan, amending the Rajasthan Colonisation (Allotment and Sale of Government Land to Pong Dam Oustees and their Transferees in the Indira Gandhi Canal Colony Area) Rules, 1972. The writ petition also seeks directions to the State of Rajasthan to recognise allottees of land allotted to them as khatedars immediately on the expiry of ten years from the date of original allotment; to withdrew the cancellation of allotments where allotments had already been cancelled; and to allot land to oustees who had not yet been allotted any.
(2.) Construction work on the Pong Dam on the river Beas commenced in the year 1960. The land whose acquisition was requisite for the purpose then fell within the State of Punjab. After the reorganisation of State boundaries on 1st November, 1966, that land fell within the territorial limits of State of Himachal Pradesh. Although the waters impounded by the Pong Dam were within the State of Himachal Pradesh, the benefit thereof accrued to a dominant extent to the State of Rajasthan.
(3.) The problems thrown up by the acquisition of the land were considered first between representatives of the States of Rajasthan and Punjab. On 20th August, 1962, at a meeting with the then Union Secretary for Irrigation and Power and the representatives of these two States, it was agreed that oustees of the Pong Dam, the Rajasthan Feeder and the Beas Sutlej Link would be eligible for allotment of land in the Rajasthan Canal area, i.e., in the State of Rajasthan. Meetings were then held between representatives of Union Ministry of Irrigation and Power and representatives of the States of Rajasthan and Himachal Pradesh from time to time. The Government of Himachal Pradesh from time to time. The Government of Himachal Pradesh estimated in 1969 that a total number of 20722 persons would be ousted by reason of the acquisition and gave this figure to the committee of Secretaries. It was accepted by the committee and placed before the committee of the concerned Chief Ministers. These figures were not questioned by the Rajasthan Government. There were some difficulties that then arose between the two States. The concerned Chief Ministers decided that the matter be finally left to the Cabinet Secretary. The main points of dispute related to the eligibility for allotment of land for resettlement and the eligibility of successors to land holders who had lawfully inherited land owning rights after 1961. The definition of oustee had been mutually agreed to be, so far as is relevant, thus: "For the purposes of resettlement of an 'oustee' from the Beas Project area, one must be a person residing permanently with the area acquired for the construction of the Beas Project either with effect from or, earlier than the 31st March, 1961, whether as a landowner, tenant, landless labourer or an artisan." At a meeting held on 3/4 September, 1970, the Chief Minister had agreed that, irrespective of the extent of land acquired from an oustee, an oustee family would be given an allotment of 15,625 acres. This was based upon the view of the Planning commission about viable holdings for the purposes of agriculture. On 14th December, 1968, the concerned Chief Minister agreed that artisans, labourers, landless tenants, etc. would be given house sites within the abadi areas but no land as such, and the abadi areas were to be included in the total of 3.25 lakhs acres to be set apart for oustees in the Rajasthan Canal Project area. The oustees were to pay a concessional price for the land allotted to them, the basis being the price payable by Rajasthani landless labour allotted land in the area. The Rajasthan Colonisation Department was expected to provide housing, roads, water supply, etc. for the houses that were to be paid for by the oustees. It was agreed on 3rd/4th September, 1970 by the Chief Minister of Himachal Pradesh, at a meeting of the Chief Ministers of the concerned States, that, although the total requirement of land on the basis of 15,625 acres for 20722 oustee families would be 3.25 lakhs acres, he would be content with a maximum of 2.25 lakh acres and compensate allottee left out within Himachal Pradesh itself. Pong Dam oustees certified as such by the Himachal Pradesh Government on the application of the criteria agreed between the Chief Ministers of Rajasthan and Himachal Pradesh would be entitled to allotment as aforestated. It was agreed that each oustee would cultivate the land personally and the entire holding would be brought under the plough within a time to be specified under Rules; that he would not sub-let the holding or any part thereof; that he would reside in the chak abadi; that he would not be entitled to transfer the land in any way for a period of 10 years from the date of allotment; and, in the event of any breach of these conditions, the land allotted would revert to the State. In his note dated 3rd July, 1972, wherein he made his recommendations upon the points left to his decision, the Cabinet Secretary, with great prescience, observed, "I would wish to emphasise that this is an unique case of land acquisition oustees being rehabilitated in a State different from the one in which the land is acquired. There can be no rules and regulations in regard to such an ad hoc arrangement. The matter can be governed purely by goodwill between the reservoir land donor State and the irrigation beneficiary State and by humanitarian considerations.";