- (1.) FIFTEENTH August, 1947, found the Indian Nation in a grateful and expansive mood towards the valiant freedom fighters whose boundless sufferings and sacrifices during the freedom struggle against the foreign rule in no small measure made it possible for the nation to breathe in freedom that day. Being a matter of recent history, one might recall the diverse ways in which their sacrifices and sufferings were accorded public recognition. Such of them who were found in indigent circumstances were given monthly pensions, money and land grant in order to, in some measure alleviate their sufferings and ameliorate their living conditions. (See paragraph 60 of the amended writ petition ). It was in pursuance of such a policy, so allege the petitioners, that the erstwhile State of Punjab in the year 1955 made grants of rent free lease of 121/2 acres each of the Government land, mostly, virgin, full of wild growth and uncultivated, in Hissar 'bir' in District hissar (now forming part of Haryana State) to some of the political suffers including the petitioners 1 to 4 and the members of Union (Political Sufferers' union, Hissar, Petitioner No. 5) under the Colonization of Government Lands Act, 1912, (hereinafter referred to as the Colonization Act ). The said lease grants, which were subject tot he conditions of the lease deeds (Annexure 'b") and the relevant provisions of the Colonization Act, were to enure only for a period of 20 years. It is noteworthy that one of the conditions of the said lease deeds required the lease-holders to bring the land so allotted to them under cultivation within a specified period and also construct houses and settle down on the land reserved for abadi for the period of the lease.
(2.) THE breaking of the virgin land in order to make it culturable no doubt must have entailed considerable investment both of labour and money. The spectre of the expiration of their lease period must no doubt as alleged, have goaded the said leaseholders to press upon the Government to convert their lease-grant rights into proprietary ones. By 1966 more than half the period of the lease having expired, it must have increased their clamour for the grants of proprietary rights to such a volume and intensity as to bring the Government of erstwhile Punjab round to their views. At the relevant time Comrade Ram Kishan, himself a freedom fighter, headed the Punjab Ministry. His Government agreed to confer on the leaseholders the proprietary right in their respective leasehold plots without any consideration but before something concrete could be done in this respect, the government had a second thought and decided to charge Rupees 500-/ per acre in lieu of grant of such proprietary rights. This order is Annexure 'd' and it is desirable to reproduce it in its entirety:-- "subject:--Conferment of proprietary rights on the political sufferers in the lands leased out to them. Will the Deputy Secretary to Government, Punjab, Forests Department (in A. H. Branch) kindly refer to the subject. Government have decided that the political suffers who have been allotted land at the Government Livestock Farm. Hissar may be given proprietary rights in their respective allotments (subject to the maximum of 12 1/2 acres per allotment) against payment of Rs. 5,000/- for each holding of 12 1/2 acres. The price shall be recoverable in ten equal annual installments of Rs. 500/- each. He is requested to take necessary steps for the implementation of this decision immediately in so far he is concerned. Sd/ k. S. Minhas under Secretary, Agriculture. 10-6-1966". It was at this juncture that the popular Ministry resigned and the State of Punjab passed under the President's rule. Mr. Dharam Vira, the then Governor of the state, is alleged to have decided to charge market price which practically nullified the benefits to the political suffers envisaged in the earlier order Annexure 'd' of the popular Government of Comrade Ram Kishen. The political sufferers rudely shaken by this mortal move must have impressed, as alleged, upon the Governor the injustice inherent in his decision of charging current market value in that whatever value the land under their possession had acquired, was all due to their efforts for at the time of the allotment of the same to them it hardly had any market value. The Governor, perhaps, finding justice on their side passed the order Annexure 'e' on October 27,1966, which order again needs to be reproduced in extenso as the fate of the case depends on the construction that ultimately be put on the language used therein:-- "subject:--Conferment of proprietary rights on the political sufferers in the lands leased out to them. Will the Deputy Secretary to Government, Punjab, Forests Department, kindly refer to this Department U. O. No. 3782 FP (VI)-66/3691, dated the 30th July, 1966, on the above subject. The President of India, is pleased to confer proprietary rights on the political sufferers holding land on lease at the Government Livestock farm Hissar, for their respective allotments (subject to the maximum of 12 1/2 acres per allotment) against payment of Rs. 500/- per acre, 20% of which should be paid by them immediately, and the rest in 8 years equated installments with an interest of 7%. The land will be allotted to political suffers in Bir Hissar in one compact block of the area. Further necessary action for the transfers of land to the political sufferers as indicated above may be taken by the Collector. Hissar, and the Director, Government Livestock Farm, Hissar, immediately. Sd/ k. S. Minhas, under Secretary, Agriculture. " 27-10-1966.
(3.) BEFORE the Deputy Commissioner, Hissar, could initiate action in pursuance of this order, new State of Haryana came into being on November 1, 1966, as a result of the re-organisation of erstwhile State of Punjab.;