HARNEK SINGH versus FINANCIAL COMMISSIONER, APPEALS, PUNJAB AND ORS.

HARNEK SINGH versus FINANCIAL COMMISSIONER, APPEALS, PUNJAB AND ORS.

Surplus land declared under the PEPSU Act, where possession was not taken prior to the commencement of the Punjab Land Reforms Act, 1972, does not vest in the State Government; the landowner's rights continue, and any allotment to third parties without vesting and possession is illegal and void.

Parties
Appellant: Harnek Singh; Respondent: Financial Commissioner, Appeals, Punjab; Respondent: State of Punjab; Respondents: Respondents 5 to 10 (names not individually specified); Respondent: Gurbirender Singh (respondent No. 11)
Jurisdiction
India
Judgment Date
06 December 2000
Procedural Posture
Civil Appeal / Appeal From Order of High Court in C.w.p. No. 11100 of 1998 Dated 30.7.98
Outcome
Appeal allowed
Legal Topics
Vesting of Surplus Land, Punjab Land Reforms Act, 1972, PEPSU Tenancy Agricultural Lands Act, 1955, Allotment of Surplus Land, Possession Requirement for Vesting
Land Law Vesting of Surplus Land Punjab Land Reforms Act, 1972 PEPSU Tenancy Agricultural Lands Act, 1955 Allotment of Surplus Land Possession Requirement for Vesting

Case Brief

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Parties

Harnek Singh

Appellant

Financial Commissioner, Appeals, Punjab

Respondent

State of Punjab

Respondent

Respondents 5 to 10 (names not individually specified)

Respondents

Gurbirender Singh (respondent No. 11)

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of High Court in C.w.p. No. 11100 of 1998 Dated 30.7.98

Legal Issues

  1. 1 Whether surplus land determined under the PEPSU Act but where possession was not taken vests in the State in view of the Punjab Land Reforms Act, 1972
  2. 2 Legality of allotment of such surplus land to third parties without taking possession

Ratio Decidendi

Surplus land declared under the PEPSU Act, where possession was not taken prior to the commencement of the Punjab Land Reforms Act, 1972, does not vest in the State Government; the landowner's rights continue, and any allotment to third parties without vesting and possession is illegal and void.

Court Disposition

Appeal allowed

Orders

  • Order of Financial Commissioner Appeals-II dated 26.6.98 and impugned order of the High Court set aside
  • Allotment of land in favour of respondents 5 to 10 declared illegal and void