MAJOR GENERAL JAI SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This is a revision petition against the order of the Divisional Commissioner dated 22 -8 -1975 whereby he dismissed the Appeal of the petitioner from the order of the Collector, Una dated 15 -3 -1975 declaring petitioners land, measuring 2229 kanals 2rmarlasas surplus under section 10(2) of the Himachal Pradesh Ceiling on Land Holdings Act,, 1972 (hereinafter called the Act).

(2.) I have heard the learned Counsel for the petitioner and the standing Counsel for the State and have also gone through the records of the case.

(3.) The main grounds on which the order of the learned Divisional Commissioner are sought to be set aside, are that the Courts below have not correctly appreciated the import of "gair mumkin" and "banjar kadeem" ; and that the definition of land given in the Act is not applicable to the land of the petitioner, which is governed by section 38 of the Indian Forests Act through the Jandla -Cho - Reclamation Co -operative Society, which is a registered Society*" The petitioner has also raised various points regarding the constitutional validity of the Act.