The Letters Patent appeal preferred against the decision of the learned single Judge by the State of Haryana and the Collector Surplus Area, Sirsa, was dismissed.
The Commissioner remanded the case to the Collector for a fresh determination of the respondents surplus area observing that in the case of a displaced person if the allotment was in standard acres, 50 standard acres would be the permissible area and if the allotment was in ordinary acres the permissible area would be 100 ordinary acres.
On remand the Collector upheld his own previous order and the appeal taken by the respondent from this order was dismissed by the Commissioner.
Appeal by Special Leave from the Judgment and Order dated the 9th August, 1967 of the Punjab Haryana High Court in L.P. A. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
2 3 , and being aggrieved by the order of the Collector preferred an appeal to the Commissioner.
2 3 of the Act is as follows Permissible area in relation to a land owner or a tenant, means thirty standard acres and where such thirty standard acres on being companyverted into ordinary acres exceed sixty acres, such sixty acres Provided that numberarea under an orchard at the companymencement of this Act, shall be taken into account in companyputing the permissible area for a displaced person a who has been allotted land in excess of fifty standard acres, the permissible area shall be fifty standard acres or one hundred ordinary acres, as the case may be.
852 of 1968.
Madan Bhatia for Respondent.
The Judgment of the Court was delivered by GUPTA, J. The respondent Jiwan Singh who is a displaced person from Pakistan was allotted 55.80 standard acres of land in village Neza Dali Kalan in Sirsa Tehsil of Hissar District in lieu of the land left by him in Pakistan.
The respondent filed a revision petition before the Financial Commissioner, Punjab, who also upheld the order of the Collector and dismissed the petition.
The second appellant, Collector Surplus Area, Sirsa, in determining the surplus area under the Punjab Security of Land Tenures Act, 1953 hereinafter referred to as the Act left only 100 ordinary acres with the respondent as his permissible area and declared the rest of the land measuring 78.57 ordinary acres, equivalent to 25.99 standard acres, as surplus.
Permissible Area as defined in sec.
199/67.
Naunit Lal and R. N. Sachthey for the Appellants.
