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1987 Supreme(SC) 363

G.L.OZA, V.KHALID
Sher Singh – Appellant
Versus
Financial Commissioner Of Planning, Punjab – Respondent


Advocates:
HARBANS SINGH, R.S.SODHI, S.K.Sinha

Judgement

KHALID, J.:- This is an appeal by certificate against the judgment of a Full Bench of the Punjab and Haryana High Court dated 20th November, 1970. The question involved in this appeal is ingenious but untenable. The question referred to the Full Bench reads as follows :

"Whether after the re-organisation of the State of Punjab the land owners owning land in both the States of Punjab and Haryana can claim to retain the permissible area in each State separately after 1st of November, 1960. If so, whether an order declaring the area to be surplus passed prior to the date above said, but which order has not been implemented and the surplus land so declared has not in fact been utilised would continue to have effect after said date?"

Now the facts. Balwant Singh was a displaced person from West Pakistan. He owned in all 67 standard acres of land distributed in various villages. According to him he had sold some properties to strangers and the remaining in favour of his wife and minor son in 1957. On 8th November, 1960, when proceedings under the Punjab Security of Land Tenures Act, 1930 (1953) (for short the Act) were initiated, the Special Collector, Punjab, declared 29 standard




















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