32 Ex servicemen settlers challenged the order of the Deputy Commissioner by way of Civil Writ Petition No.
As a companysequence of the decision of the Deputy Commissioner as agreed upon by the State Government the possession of the additional 5 acres was given to the appellants.
A scheme called Land Colonisation Scheme was framed.
This appeal by way of special leave is against the judgment of the High Court.
The Ex servicemen settlers developed the waste land by spending money and labour.
It is numberdoubt companyrect that numberspecific order was companymunicated to the appellants allotting them the additional 5 acres of land and even the original scheme which provided for allotment of 10 acres was number amended, nevertheless a decision having been taken at the level of the Deputy Commissioner State Government and possession delivered to the appellants it is difficult to hold that numberright had accrued to the appellants.
Appeal filed against the order of the Collector was dismissed on February 21, 1983.
On the representation of the settlers a decision was taken at the Government level that additional 5 acres of land be allotted to each of them to enable them to augment their income.
Thereafter eviction proceedings were instituted under Section 4 of the Punjab Public Premises and Land Eviction and Recovery Act, 1973.
The Government agreed with the decision of the Collector that the limit of the land be fixed as 15 acres instead of 10 acres in Mahablipur Randhir Colony and the additional 5 acres of land was directed to be given to each of the appellants.
It is number disputed that the possession of the additional 5 acres of land was also given to the Ex servicemen settlers.
By the order dated July 5, 1975 the decision to allot additional 5 acres was withdrawn and the Ex servicemen settlers were directed to surrender the land to the Government.
They were given the ownership rights to the extent of 10 acres each after a period of ten years.
Writ Petition No.
About 100 families of the Ex servicemen were to be given the benefit of the scheme.
Subsequently by an order dated March 4, 1971 the State Government companymunicated its agreement to the Deputy Commissioner, Kapurthala for allotting additional 5 acres of land to the appellants.
2833/ 75 before the Punjab and Haryana High Court.
The Collector by his order dated April 19, 1982 directed the ejectment of the Ex servicemen from the additional area.
62 Ex servicemen were given 10 acres of agricultural land each in June, 1961.
The writ petition was allowed to be withdrawn on the assurance given by the State Government that the petitioners would be dispossessed from the land in accordance with law.
1893 of 1983 filed by the Ex servicemen was dismissed by the High Court in limine by a speaking order.
We have heard Mr. R.K. Jain, learned Counsel for the appellants.
The short question for our companysideration is whether the additional land measuring 5 acres was allotted to the appellants and possession delivered, or it was only a tentative decision and numberright had accrued to the appellants.
The Deputy Commissioner, Kapurthala by a letter dated March 17, 1966 companyveyed to the Secretary, Ex servicemen Land Colony that a decision had been taken to allot another 5 acres of land temporarily to the Ex servicemen settlers.
The High Court examined the documents produced by the appellants to show that the additional land was allotted to them and possession delivered, but gave numberfinding in that respect.
Kuldip singh, J. Waste land measuring 1182 acres situated in the revenue estate of village Mahablipur Randhirpur in Kapurthala district, Punjab was acquired for establishing a companyony for the Ex servicemen.
