- (1.) Heard Sri K.K. Arora, learned counsel for the petitioners and Sri Sanjai Goswami for the State-respondent. The writ petition arises out of proceedings under the U.P. Imposition of Ceiling on Land Holdings Act, 1961 and seeks quashing of the order dated 28.03.2011 passed by the Prescribed Authority and the order dated 16.11.2011 passed by the Appellate Authority, Additional Commissioner. The proceedings under the Ceiling Act were initiated against the tenure holder Horam Singh, the father of the petitioners. A notice under Section 10(2) of the Act was issued to him on 08.11.1974, showing an area of 35-15-5 pucca bighas as liable to be declared as surplus in his hands.
(2.) The land recorded in the name of Horam Singh was situated in two villages namely Rohillapur and Chak Salarpur. Apart from the other objections, one objection was that the land of village chak Salarpur was situated in District Haryana and could not be taken into consideration for determining the surplus area under the U.P. Act, 1961. The Prescribed Authority by his order dated 17.01.1975 dismissed the objection of the petitioner and declared 35-15-5 bighas of land as surplus. It appears that a further direction was issued that this surplus land be taken possession from the land in village Chak Salarpur. The consequential appeal filed by the petitioner is stated to have been allowed and the matter remanded back to the Prescribed Authority. Upon remand, the Prescribed Authority by the order dated 10.07.1985, again rejected the objection of the petitioners directing that the surplus land be taken possession of, from the land situated in village Rohillapur. The consequential appeal was dismissed on 10.07.1986. The petitioners thereafter filed a writ petition No.17508 of 1986. The aforesaid writ petition No.17598 of 1986, filed by the petitioners, was allowed by the order dated 24.07.1997. The orders impugned were set-aside and the matter was remanded back to the Prescribed Authority to look into the matter afresh after affording opportunity to the parties to produce evidence on the point as to whether the property of chak Salarpur is situated in U.P. or has been transferred to Haryana and thereafter to proceed in accordance with law.
(3.) It appears that in the meantime, the land situated in village Rohillapur was acquired under the Land Acquisition Act. Since the Ceiling proceedings had not attained finality, and the land continued to be recorded in the name of the father of the petitioners, a dispute arose as to who was entitled to the compensation thereof. In this regard, a reference was made under Section 30 of the Land Acquisition Act which was decided. Aggrieved by the order passed in the reference, the petitioners filed a writ petition No.42166 of 2006 which was allowed on 12.04.2007 holding that the Collector could not have made the reference under Section 30 of the Land Acquisition Act. The order passed in the reference was set aside. It was however, observed that it would be open to the State Government to seek its remedies in accordance with law and in accordance with paragraph 37 of the Judgment in the case of Sharda Devi Vs. State of Bihar and another, 2003 3 SCC 128. A categorical finding was recorded in this judgment that the Ceiling Proceedings have still not attained finality.;