1. Dispute regarding whether bringing fallow lands under cultivation constitutes an acquisition of land under the Punjab Security of Land Tenures Act, 1953, affecting landowner status. (Para 2 , 3 )
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1998 Supreme(SC) 800
SUPREME COURT OF INDIA
M. M. Punchhi, CJI., A. P. Misra, S. C. Agarwal, JJ.
GOPAL RAM AND OTHERS, APPELLANTS
Versus
STATE OF HARYANA AND OTHERS, RESPONDENTS.
Civil Appeal No. 7513 of 1995,
decided on August 12, 1998.
The status of a landowner as "small" or "big" is determined as of the Act's commencement. Bringing fallow lands under cultivation is considered a land improvement, not an "acquisition" under Sections 19-A and 19-B, and thus does not alter the landowner's status.
Headnote:(A) Punjab Security of Land Tenures Act, 1953 - Sections 18, 19-A and 19-B - Right of tenant to purchase land - Landowner status - Small landowner - Determination of status based on position as existing on the date the Act was brought into force - Bringing fallow lands under cultivation - Whether such change constitutes an acquisition or accretion to the original holding - Improvement of land not to be treated as acquisition by means of transfer, exchange, lease, agreement, settlement, inheritance, bequest or gift. (Paras 2, 3 and 4)
Facts of the case:
The appellants were tenants of a landowner who was determined to be a small landowner as of the date the Act came into force. The appellants were inducted as tenants after the commencement of the Act. Certain lands, described as fallow in revenue records, were brought under cultivation after the Act's commencement. The appellants contended that this change in the status of the land increased the holding of the landowner, thereby changing their status from a small landowner to a big landowner, which would entitle the tenants to the right of purchase under the Act.
Findings of Court:
The status of the landowner as a small or big landowner is to be determined based on the position existing on the date the Act was brought into force. Bringing fallow lands under cultivation is an improvement of the land and does not constitute an "acquisition" under the provisions of the Act.
Issues: Whether the conversion of fallow lands into cultivated lands constitutes an acquisition of land that would change the status of a small landowner to a big landowner for the purpose of the right of purchase available to tenants.
Ratio Decidendi: The object of the Act is agrarian reform to increase agricultural production. Treating the cultivation of fallow lands as an acquisition would frustrate this purpose. Such improvements are distinct from acquisitions via transfer, exchange, lease, agreement, settlement, inheritance, bequest, or gift as defined in Sections 19-A and 19-B.
Result: Appeal dismissed.
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2. Whether the conversion of fallow lands to cultivated land increases the landowner's holding, thereby altering their status from a small landowner to a big landowner. (Para 3 )
3. Bringing fallow lands under cultivation is a subsequent improvement to the land and not an acquisition through transfer, exchange, lease, or settlement under the Act. (Para 4 )
4. Subsequent improvements to land, including bringing fallow lands under cultivation, do not constitute an acquisition of land for the purpose of determining landowner status. (Para 4 )
5. Appeal dismissed. (Para 5 )
6. Does the right to purchase land under Section 18 of the Punjab Security of Land Tenures Act, 1953, apply against small landowners?
No, Section 18 specifically provides that the right to purchase an area is available to a tenant only against a landowner other than a small landowner. (Para 2 )
7. When is the status of a landowner as a small or big landowner determined under the Punjab Security of Land Tenures Act, 1953?
The status of the landowner is reckoned and determined based on the position existing on 15-4-1953, the date the Act was brought into force. (Para 3 )
8. Does bringing fallow lands under cultivation constitute an acquisition of land under Sections 19-A and 19-B of the Punjab Security of Land Tenures Act, 1953?
No, bringing fallow lands under cultivation is considered a subsequent improvement to the land and does not constitute an acquisition by means of transfer, exchange, lease, agreement, settlement, inheritance, bequest, or gift. (Para 4 )
ORDER
1. On the death of Sita Bai, Respondent 10, a substitution application has been preferred by the appellants. But now their learned counsel says that it is futile to pursue the application because she was a legal representative of one of the original respondents, Munshi Ram and the estate of Munshi Ram is otherwise adequately represented. It is therefore prayed that no orders need be passed on that application. Ordered accordingly.
2. Section 18 of the Punjab Security of Land Tenures Act, 1953 specifically provides that the right to purchase an area is available to a tenant only against a landowner "other than a small landowner". That the appellants herein were tenants of a small landowner stands settled by an inter partes decision of this Court in Ajmer Singh v. State of Haryana [(1990) 1 SCC 277]. It transpires that an avenue thereafter was sought to be opened by filing a writ petition under Article 32 of the Constitution. Permission to withdraw the same was obtained by making a statement that the Financial Commissioner, Haryana would be approached by the appellants for appropriate relief. This is how a dead horse was flogged and the matter has been brought back before us by way of this appeal via the Financial Commissioner and the High Court, the latter having dismissed the writ petition of the appellants in limine.
3. The High Court has rightly taken the view that the status of the landowner as to whether he is a small landowner or a big landowner is to be reckoned and determined on the basis of the position as existing on 15-4-1953 when the above-mentioned Act was brought into force. It is not denied that lands which then were fallow and were described in the revenue records as "banjar kadim" and "banjar jadid" did not fall within the purview of the definition of "land" for the purposes of the Act and the landowner had some area of that description. It is also not denied that the appellants were inducted as tenants on the land of the landowners after 15-4-1953 and therefore, on the date of the commencement of the Act, they had no status as that of the tenants. The only arena of dispute is that after those fallow lands had been brought under cultivation, could such change bring about an acquisition to the existing holding of the landowner when those lands were already owned by him. Sections 19-A and 19-B of the Act, so far as relevant, are reproduced hereafter :
"19-A. Bar of future acquisition of land in excess of permissible area. - (1) Notwithstanding anything to the contrary in any law, custom, usage, contract or agreement, from and after the commencement of the Punjab Security of Land Tenures (Amendment) Ordinance, 1958, no person, whether as landowner or tenant, shall acquire or possess by transfer, exchange, lease, agreement or settlement any land, which with or without the land already owned or held by him, shall in the aggregate exceed the permissible area.
(2) Any transfer, exchange, lease, agreement or settlement made in contravention of the provisions of sub-section (1) shall be null and void.
19-B. Future acquisition of land by inheritance, in excess of permissible area. - (1) Subject to the provisions of Section 10-A, if after the commencement of this Act, any person, whether as landowner or tenant, acquires by inheritance or by bequest or gift from a person to whom he is an heir any land, or if after the commencement of this Act and before 30-7-1958, any person has acquired by transfer, exchange, lease, agreement or settlement any land, or if, after such commencement, any person acquires in any other manner any land, which, with or without the lands already owned or held by him, exceeds in the aggregate the permissible area then he shall, within the period prescribed, furnish to the Collector, a return in the prescribed form and manner giving the particulars of all lands and selecting the land not exceeding in the aggregate the permissible area which he desires to retain, and if the land of such perso
