- (1.) The petitioner is a land-owner in village Dialpur and owns half-share of land measuring about 561 kanals 15 marlas along with the grandsons of his brother Santa. The Collector Agrarian, respondent No. 1, by his order dated February 15, 1975 (Annexure P.1) assessed the land of the petitioner as 10.6908 hectares and declared 3.6908 hectares of first quality as surplus in his hands under the provisions of the Punjab Land Reforms Act, 1973 (hereinafter called the Act). This order has been challenged in the present writ petition under Articles 226 and 227 of the Constitution.
(2.) It has been contended by the learned counsel for the petitioner, that it was mandatory on the Collector, Agrarian, to first separate the share of the petitioner out of the joint holding under Section 13 of the Act before determining the surplus area. In support of the same, a reference has been made to Sections 4 and 5 of the Act and the Rules framed thereunder. Under Section 4, permissible area, in terms of different qualities of land, has been defined. Under Section 5, the landowner has been given the right to select his area within the permissible limit. It is the case of the petitioner that the right conferred on a landowner under Section 5 cannot be exercised unless the joint land is separated and the area to which a landowner may be entitled is assessed as a separate entity. It is also urged that it is very likely that as a result of separation of the joint holding, a landowner may get such quality of land which ultimately not be assessed as in excess of the permissible limit. In view of the express provision as contained in Section 13, this contention does not have any merit. Section 13(1) of the Act, is reproduced below :- "Where a person owns land jointly with other persons and his share of such land or part thereof has been or is to be declared as surplus area, the Collector, on his own motion may, after summary enquiry and after affording to such a person an opportunity of being heard, separate his share of such land or part thereof in the land owned by him jointly with other persons." Under this provision, the Collector is required to make a summary enquiry and after giving the persons concerned an opportunity of hearing, to separate the share of a particular landowner or landowners, as the case may be, and this power is to be exercised in either of the two situations, namely, either when the area has been already declared surplus in the hands of a particular landowner or is yet to be declared as surplus. This provision does not warrant the interpretation that separation of a joint holding is an essential pre-requisite before the surplus area can be declared qua the share of a particular landowner. It is also clear from the reply filed on behalf of the respondents, that after the surplus area in the hands of the petitioner was declared as surplus by order, Annexure P.1, notice was issued to all the co-sharers including the petitioner by the Collector for the purpose of separating the joint holding.
(3.) It has also been urged by the learned counsel for the petitioner, that the expression in Section 13(1) "where a person owns land jointly with other persons and his share of such land or part thereof has been or is to be declared as surplus area", has a reference to cases where either the surplus area in the hands of a joint owner has been already determined under the Punjab Act or the Pepsu Act or in the alternative where it is to be determined for the first time under the Act, and that the words "has been" do not refer to a case where the surplus area of a joint holding has been declared under the present Act. I have not been able to persuade myself to agree to this interpretation. Restricted interpretation cannot be given to the words as used in this provision. The provision clearly includes in its ambit all types of cases whether the Collector, Agrarian, has determined the surplus area under the Punjab Security of Land Tenures Act or the Pepsu Tenancy and Agricultural Lands Act or, for the first time, wants to determine the surplus area under the present Act.;