SUKHWANT SINGH AND ORS. Vs. STATE OF HARYANA AND ORS.
LAWS(P&H)-2011-2-251
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 10,2011

Sukhwant Singh And Ors. Appellant
VERSUS
State Of Haryana And Ors. Respondents

JUDGEMENT

Mehinder Singh Sullar, J. - (1.) TERSENESSLY , the facts, which require to be noticed for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, are that one Mehnga Singh (deceased), father of the Petitioners, was a displaced person. The land measuring 22 Standard Acres and 71/2 units, situated in village Tharwa Majra, was initially allotted to him, in lieu of the land abandoned by him in Pakistan, in view of the provisions of The Displaced Persons (Compensation and Rehabilitation) Act, 1954 and Rules 1955 (hereinafter to be referred as "the Act and the Rules") (since repealed). Subsequently, on verification, the land measuring 41/2 Standard Acres, out of total allotted land, was found to be in excess of his share, which was cancelled by the Chief Settlement Commissioner (for brevity "the CSC"), vide order dated 8.11.1967. The review application filed by Mehnga Singh allottee, was accepted by the CSC, by virtue of order dated 5.2.1968 and the matter was remanded to Tehsildar (Sales) for fresh verification/decision.
(2.) THEREAFTER , the Tehsildar (Sales) made a reference and the CSC cancelled the allotment of excess land to the tune of 41/2 Standard Acres, by means of order dated 30.3.1968. The review application filed by the allottee was rejected by the CSC, by way of order dated 29.12.1970. Dis -satisfied with the order dated 29.12.1970 of the CSC, the allottee moved a petition under Section 33 of the Act before the Secretary, Rehabilitation, Haryana, exercising the powers of Central Government. The petition was partly accepted. Consequently, the land in question measuring 2.15 Standard Acres (instead of 41/2 Standard Acres) was declared excess to the share of the allottee. However, he was allowed to purchase the excess land at the rate fixed by the Department, vide order dated 26.8.1971 (Annexure P1) of Secretary Rehabilitation.
(3.) IN pursuance of the order (Annexure P1), the delegatee of the Central Government permitted the allottee to purchase the excess land in question measuring 2.15 Standard Acres at the fixed rate. Neither the allottee complied with the directions nor deposited the amount/price of the excess area, at fixed rate in view of indicated order (Annexure P1). He slept over the matter for more than 20 years therefrom.;


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