IN THE COURT OF SHRI S.S.KHARA P.C.S. ADDITIONAL DIRECTION CONSOLIDATION OF HOLDINGS KOTHI NO.280, SECTOR 10-A, CHANDIGARH-CUM-MANAGING OFFICER (HEADQUARTER) REHABILITATION, PUNJAB, CHANDIGARH.

 

 

 

CASE NO.                              DATE OF INSTITUTION    DATE OF DECISION

 

 

MO/HQ/REH/2K/3                             5.10.1999                                23.07.2001

 

 

 

1.                  Hazur Singh

2.                  Kapur Singh

3.                  Mohinder Singh

 

all sons of late Shri Fakir Singh residents of village Barhan, P.O. & Tehsil Ladwa, District Kurukshetra.

                                                                                                            ……Petitioner

 

                                                                        Versus

 

The State of Punjab.                                                                                         ….Respondent.

 

 

                        Petition for allotment of land.

                                                ***

 

Present:            Sh. Dinesh Ghai, Advocate for petitioners.

 

 

 

ORDER

 

 

                        This petition was filed on 5.10.99 by the petitioners under the provisions of Displaced Persons (C & R) Act, 1954.  In this petition it has been contended that the father of the petitioners late Sh. Fakir Singh had abandoned land measuring 688 Kanal 2 Marla in village Kotamasingh Tehsil and District Gujranwala.  During the general allotment land measuring 10½ Standard acres equal to 66 Bighas equal to 116 Kanals was allotted to the father of the petitioners.  As per information of the petitioners the land which has already been allotted was under mortgage in Pakistan which was subsequently got redeemed by the father of the petitioners from the competent authority at the redemption rate fixed at Rs.450/- per standard acre.  At that time the claim of the petitioners was not fully satisfied.  The total eligibility of the petitioners was 688 Kanals 2 Marlas.  Out of which the petitioners have already been allotted 116 Kanals.  Hence the remaining land comes to 572 Kanals and after cut the petitioners are entitled for 429 Kanals.  In this way status of the petitioners is of unsatisfied claimants.  In the end of the petition it has been prayed that this deficiency be made good.

            This case was filed by the applicants on 5.10.99 and the case has been adjourned for about 6-7 times for giving opportunity to the applicants to complete their evidence.

             I have examined the case in the presence of Counsel of the petitioners.  Learned Counsel for the applicants has repeated the points raised in the petition.  After hearing the counsel and examining the record placed on file I have come to the conclusion that petitioners/applicants have filed this petition by concealing material facts and not disclosing correct facts.  The petition suffers from following glaring infirmities:-

 

  1. The petitioners are residents of Tehsil Ladwa District Kurukshetra Haryana and in the petition they have claimed that their father was allotted 66 Bighas land which is equal to 116 Kanals (10½ Standard Acres).  But in the petition they have not disclosed the name of village, Tehsil and State in which their father got the allotment. Moreover no copy of any relevant document i.e. Parchi Allotment, Sanad of allotment or copy of any Jamabandi of the village where they have been allotted land has been produced on file from which the above allotment of 10½ standard acres may be checked/confirmed.  The petitioners have concealed this information for the reasons best known to them.

2.                  In the petition the petitioners have pointed out that their total entitlement of allotment was to the tune of 688 Kanals 2 Marlas.  Here again the petitioners have projected a totally wrong claim by giving wrong information for the reasons best known to them.  With this petition a copy of Jamabandi for the year 1947-48 relating to village Kotamasingh Tehsil and District Gujranwala now in Pakistan have been filed.  The perusal of this Jamabandi shows the following factual position.

 

 

Sr. No.

Khewat/ Khatauni numbers

Share of Fakir Singh s/o Sunder Singh owner.

Total area of the Khewat.

Area falling to Fakir Singh’s Share.

Area under encumbrance.

Remarks

(1)

 (2)

   (3)

    (4)

     (5)

          (6)

     (7)

1.

3/3,6/6

½ Share

Kitte 47

Area 277K-15M (Muzrua 272-7 Gair Mazrua    5-8)

138K-18M

8-0 area gifted to Gurdwara Nanak Sahib and 134K-7M land mortgaged with mortgages Sikhs/Muslims

 

2.

6/6,14,15

3/16 share

Kitte 9

Area 18K-8M

3K-9M Gair Mumkin

        -

 

3.

7/7,17-18

3/16 share

Kitte 2

Area 4K-17M Nehri

0K-18M Nehri

Entire area mortgaged with Muslims.

 

 

Total area from ownership Khewats

 

       301K-00 M (Mazrua 277-5 Gair Mazrua  23-15)

143K-5M

8K-0M gifted to Gurdwara & 135-5 area mortgaged.

 

           

            Area in Possession out of Shamlat Deh Khewat

4.

22/113

-Nil-

Kitte 4

35K-2M

(Chahi 8-0

Banjar 27-2)

  -Nil-

       -

 

5.

22/114

Full

Kitte 7

43K-2M

(Chahi 27-2

Banjar 16-0)

43K-2M

(Chahi   27-2

Banjar   16-0)

        -

 

6.

22/115

½

51K-8M

Banjar Qadim

25K-14M

Banjar Qadim

        -

 

7.

22/116

½

23K-6M

Chahi

11K-13M

Chahi

Mortgaged with Muslims.

 

8.

22/117

½

22K-8M

Chahi/Nehri

11K-4M

Chahi/Nehri

      -

 

9.

22/118

Full

14K-10M

Chahi

14K-10M

Chahi

       -

 

10.

22/119

Full

7K-6M

Chahi

7K-6M

Chahi

Mortgaged with Muslims.

 

11.

22/120

¼

19K-14M

Banjar

4K-18M

Banjar

       ­-

 

 

Total area possessed/ mortgaged from Shamlat Khewat

 

216K-16M

118K-7M

(Chahi/ Nehri 71-15 Banjar     46-12)

18K-19M Chahi/Nehri Mortgaged with Muslims.

 

 

            From the above Chart it is absolutely clear that applicants/petitioners has wrongly projected that their father had left 688 Kanals 2 Marlas in Pakistan.  They have inflated this figure by wrongly including the whole area of Patti Jaimal Singh’s Shamlat area.  After reducing the area on account of standard cut and reducing the area pertaining to Gair Mumkin/Banjar category their entitlement will come much less.  Moreover they have not disclosed the scale of measurement which was applicable in their ancestor village.  If the scale was short then some more area shall be reduced while converting the same in standard measurement of 66” scale as applicable in the greater part of the State.  Applicants have not bothered to made the calculations by keeping in view the above factual position and have filed the case on wrong projections.  As pointed out in Para 1 neither the name of the village in which they have already got the allotment has been disclosed in the entire petition nor any detail of the allotment has been provided as they haveģ„Į7          

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            Announced in open court.

 

 

Dated: 23.07.2001                                                                                     ( S.S.KHARA )

                                                                                                            Managing Officer (HQ)