GOPINDER SINGH versus FOREST DEPARTMENT OF HIMACHAL PRADESH AND ORS.

GOPINDER SINGH versus FOREST DEPARTMENT OF HIMACHAL PRADESH AND ORS.

The Supreme Court held that for eligibility under clause (a) of Rule 7 of the Himachal Pradesh Nautor Land Rules, 1968, a person must meet both conditions together—that is, have less than ten bighas of land and have income of less than Rs.2,000 per annum from all sources. The use of 'or' must be read as 'and' to fulfill the scheme and intention of the Rules to benefit the poor and unprovided residents. Hence, appellant, having income above Rs.2,000 per annum, was not eligible.

Parties
Appellant: Gopinder Singh; Respondents: Forest Department of Himachal Pradesh and Ors.
Jurisdiction
India
Judgment Date
17 August 1990
Procedural Posture
Civil Appeal / Appeal by Special Leave From Dismissal of Writ Petition (article 226) by Himachal Pradesh High Court; Challenge to Orders of Financial Commissioner and High Court
Outcome
Appeal dismissed
Legal Topics
Nautor Land Allotment, Statutory Interpretation, Income Eligibility Under Land Allotment Rules
Land Law Administrative Law Nautor Land Allotment Statutory Interpretation Income Eligibility Under Land Allotment Rules

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Parties

Gopinder Singh

Appellant

Forest Department of Himachal Pradesh and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Dismissal of Writ Petition (article 226) by Himachal Pradesh High Court; Challenge to Orders of Financial Commissioner and High Court

Legal Issues

  1. 1 Whether clause (a) of Rule 7 of the Himachal Pradesh Nautor Land Rules, 1968 makes a resident with less than 10 bighas of land but income above Rs.2,000 per annum eligible for nautor land allotment
  2. 2 Interpretation of 'or' in clause (a) of Rule 7: disjunctive or conjunctive meaning

Ratio Decidendi

The Supreme Court held that for eligibility under clause (a) of Rule 7 of the Himachal Pradesh Nautor Land Rules, 1968, a person must meet both conditions together—that is, have less than ten bighas of land and have income of less than Rs.2,000 per annum from all sources. The use of 'or' must be read as 'and' to fulfill the scheme and intention of the Rules to benefit the poor and unprovided residents. Hence, appellant, having income above Rs.2,000 per annum, was not eligible.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs