- (1.) In these petition Nos. 1603, 2345, 2353, 2368 to 2373, 2573, 2575, 3208, 5666 to 5668, 6319, 6352, 6890 and 6891 of 1976, common question of law has been raised. It is canvassed that Rules 8, 9, 10 and Schedule 'A' of the Punjab Land Reforms Rules, 1973 , are ultra vires of Section 4(2)(d)(i) of the Punjab Land Reforms Act, 1972 (hereinafter referred to as the Act).
(2.) In these petitions, mostly the lands are irrigated by Shah Nahar or Kuhls. It was contended that in Shah Nahar and Kuhls, there is no scale by which its projected intensity can be measured and to this extent the inclusion of Shah Nahar and the Kuhls in the Schedule 'A' goes against the provisions of Section 4 of the Act, because there is no assured irrigation and it is beyond the rule making power of the State.
(3.) All these petitions arise out of the surplus area proceedings taken under the Act against the petitioners. Various points are raised in these petitions, but it was fairly conceded by the counsel for the parties that most of these points are resolved by a Full Bench authority of this Court reported as (Jaswant Kaur and another v. State of Haryana, 1977 PunLJ 230) and the arguments are confined only, at present to the vires of Rules 8, 9, 10 and Schedule 'A'. Section 4(2) of the Act is in the following terms :- "(2) 'Permissible area' shall mean in respect of - (a) land under assured irrigation and capable of yielding at least two crops in a year (hereinafter in this Act referred to as the first quality land), seven hectares; or (b) land under assured irrigation for only one crop in a year, eleven hectares; or (c) barani land, 20.5 hectares; or (d) land of other classes including banjar land, an area to be determined according to the prescribed scale with reference to the intensity of irrigation, productivity and soil classification of such classes having regard to the respective valuation and permissible area of the classes of land mentioned at (a), (b) and (c) above subject to the condition that the area so determined shall not exceed 21.8 hectares : Provided that - (i) Where land consists of two or more classes the permissible area shall be determined on the basis of relative valuation of such classes of land, subject to the condition that it does not exceed 21.8 hectares; (ii) Where the number of member of a family exceeds five, the permissible area shall be increased by one-fifth of the permissible area for each member in excess of five, subject to the condition that additional land shall be allowed for not more than three such members.";