P.C. Pandit and H.R. Sodhi, JJ. - (1.) THE Jagir of Bhai Fateh Jang Singh respondent, was resumed by the State of Punjab under section 3 of the Punjab Resumption of Jagirs Act, 1957 (hereinafter called the Act with effect from 7th of November, 1957, the date on which the Act received the assent of the President of India Under section 5 of the Act, the respondent was entitled to compensation in consideration of the resumption of his Jagir. Since the Government delayed the payment of the said compensation, the respondent filed a writ petition in this Court for an appropriate direction to the Government to pay the required compensation to him without any further delay. During the pendency of the writ petition, the Government filed in this Court a memorandum dated 5th/9th August, 1965 from the Financial Commissioner, Revenue, addressed to the Deputy Commissioner, Ambala, in which it had been stated that the compensation payable to the respondent had been determined and its payment sanctioned. According to the said communication, Rs. 2, 4,849 together with interest at the rate of 2 per cent per annum had to be paid to the respondent in lieu of the resumption of his Jagir. It had further been provided that the amount of compensation together with interest was payable in twenty annual installments under rule 4(3) of the Punjab Resumption of Jagir Rules 1958. R.S. Narula, J., before whom the writ petition came up for hearing, directed that since it was not disputed that the Jagir of the respondent was resumed with effect from 7th of November, 1957, the first installment of compensation payable to him in the absence of any indication to the contrary in any statutory provision would be payable on the date on which the first financial year after the resumption of the Jagir ended. The first installment, therefore, according to the learned Judge was payable on the 1st of April. 1958. and the subsequent annual installments became due thereafter on the 1st day of April in every succeeding financial year. As the State Government had already made certain payments to the respondent, the learned Judge ordered that the Government would be entitled to deduct the amount so paid and the amount of interest to the respondent would be calculated after allowing the necessary adjustments on account of the said payments. Against this decision, the present appeal under Clause 10 of the letters Patent has been filed by the State of Punjab
(2.) THE only contention raised by the learned counsel for the appellant was that the learned Single Judge was in error in holding that the first installment to be paid by the appellant to the respondent fell due on 1st of April, 1958. The compensation, according to the learned counsel, became payable only after it had been determined by the Financial Commissioner under section 6 of the Act, on an application which could be made by the respondent before 15th of May, 1.961. In the present case, the compensation payable by the Government had been determined vide its order dated 5th of August. 1965. It was therefore, only after that date that the first installment became due to the respondent. The direction given by the learned Judge that the first annual installment would be deemed to have become due on the 1st of April, 1958, was, therefore, contrary to the statutory provisions of Section 6 of the Act.
(3.) After hearing the counsel for the appellant I find that there is no merit in this contention. It is common ground that the Jagir was resumed under the Act on 7th of November, 1957. The respondent undoubtedly was entitled to compensation in consideration of that resumption, under section 5 of the Act. The right to get the said compensation accrued to him on the date when his Jagir was resumed. It is true that the impugned compensation in the instant case had to be determined by the Financial Commissioner, Revenue, Punjab, which he did on 5th of August, 1965. If he took that much time in assessing the compensation, surely, the respondent could not be penalized for that. As -soon as the respondent was deprived of his Jagir he was entitled to compensation. The learned counsel could not point out any provisions in the Act or in the Rules which created a bar in the payment of the said compensation with effect from the date when the Jagir was resumed. Besides, it was not provided in the Act that the compensation would be payable only after the same was determined by the Officer concerned. Section 5 (2) of the Act say that the amount of compensation' shall be paid in cash either in one Jump sum or in such number of annual installments not exceeding 20 as the State Government may prescribe According to section 6(5) of the Act, the Financial Commissioner, in receipt of the claim; will make an order whether any compensation is due to. the Jagirdar or not and where it is found to be so due, it shall be paid in the manner provided in;