- (1.) This judgment disposes of CWP Nos. 1049 and 1950 of 1983. In this petition under Articles 226/227 of the Constitution of India, challenge has been made to the order of the Financial Commissioner (Revenue) and Secretary to Government, Haryana, Rehabilitation Department dated January 13, 1983 dismissing the revision petition against the order dated October 18, 1982 passed by the Joint Secretary (Rehabilitation) Haryana, Chandigarh on a reference by the Tehsildar (Sales). Since common question of law and facts arise for determination therein, these are being disposed of by a common judgment.
(2.) Reference to relevant facts has been made from the pleadings of CWP No. 1049 of 1983. The erstwhile State of Punjab took a policy decision contained in letter No. 7841-JE(IV)-61/2699 dated August 29, 1961 as amended by the Punjab Government, vide letter No. 7171-JE(IV)-64/395 dated January 23, 1964 regarding disposal of evacuee land. The policy decision inter alia provided that the inferior evacuee land of villages within ten miles of the Indo-Pakistan border would be utilized for purposes of allotment to those who had to be given land under the Indo-Pakistan Border Agreement. If any area remained unutilized after the resettlement of the Indian oustees it was to be utilized by resettling the Rai Sikhs of Ferozepur district and other suitable persons of border areas of Gurdaspur and Amritsar districts and ex-servicemen. It further provided that fifty per cent of the remaining land would be allotted to Harijans of the villages and rest to other landless persons including the members of backward classes and Indian Christians of the village including servicemen on the terms and conditions mentioned therein. The allotment was to be made subject to the following conditions :- a) The land will be leased by the Deputy Commissioner at acres per family for 10 acres in the first instance. b) The lessee will not be required to pay any lease money, land revenue or other cesses in the first five years but the lease money for the Banjar land, will however, be recovered at the rate of rupees per acres per year. If canal irrigation has been extended then abiana will be leviable. After the expiry of that period that lessee will of course be required to pay the land revenue and other cesses. c) After a period of five years the lessee shall have the option to purchase the land at the rate of Rs. 40/- per acre of Banjar land and Rs. 25/- per acre of Ghair Mumkin land. The lease money recovered from him shall be deducted from the sale price and the net amount due shall be payable in lump-sum or in four equal annual instalments. d) If the lessee does not want to purchase the land he shall deliver vacant possession of the land leased to him and will not be entitled to any compensation for the improvement made thereon. e) The lessee shall bring under cultivation or proper use 1/4th of the land in the first three years of the lease and the remaining 3/4th in the next two years. f) The cultivated area or the area put to proper use shall not be reduced to less than one half in any case after the fifth year. g) Any breach of conditions No. (e) & (f) for reasons beyond the control of the lessees can be condoned by the authority prescribed by the government in this behalf. h) In case a lessee dies during the period of lease, his successors will be given the land on the same conditions. i) For any particular area, any special condition or say of conditions can be prescribed by the government."
(3.) Pursuant to this policy decision, land measuring 98 kanals, 16 marlas situated in village Kheri Gulam Ali, Tehsil Ghula, District Kurukshetra was transferred to the petitioner on leasehold basis, vide order dated July 6, 1963 passed by Sub-Divisional Officer (Civil), Kaithal. Under an agreement dated November 12, 1967 the land was transferred to the petitioner after he had paid the sale price. Certificate of transfer dated July 22, 1974 was issued in favour of the petitioner, the relevant portion of which reads as under :- "Whereas inferior evacuee land measuring 98 kanals, 165 marlas situate in village Kheri Gulam Ali, tehsil Ghula, district Kurukshetra comprising Khasra Nos. 118/161., 25.2, 117/18, 19, 20, 21, 22, 23, 23, 123/5, 124/1, 2, 3, 4, was agreed to be transferred by the Governor of Haryana (hereinafter referred to as the Government) in favour of Shri Sardara son of Shri Mansa Harijan of V. Kheri Gulam Ali, tehsil Ghula, district Kurukshetra on the terms and conditions contained in agreement dated 12.11.1967 executed between the Government and Sardar Harijan. And whereas the said allottee has paid to the Govt. all the instalments of price (in lumpsum) in respect of the said in inferior evacuee land, i.e. the whole of the price amounting to Rs. 309/- (Three hundred and nine). Now, therefore, in pursuance of Govt. instructions of inferior evacuee land (transfer) Rule contained in Govt. letter No. 7841-JN(iv)-61/2699 dated 29th August, 1961, it is hereby certified that the Govt. has transferred absolutely to the said allottee all rights, title and interest in the said inferior evacuee land in lieu of payment of Rs. 309/- (Three hundred and nine) only which sum has been paid by the allottee into the State Bank of India, Kaithal, vide receipt No. nil dated 26.8.1970. This certificate is given under my hand and seal of the Court this dated 22nd July, 1974.";