Rupan Deol Bajaj, FC. - An application has been moved by Shri Harbir Singh Aulakh, POA holder of Smt. Pritam Kaur, on 17.1.2005, wherein he has stated that Smt. Pritam Kaur, his mother, was allotted land in excess of her entitlement and subsequently the excess land in the hands of Pritam Kaur was allotted to N.C. Sippy and K.R. Sippy, who further sold it to Shri Harjit Singh, IAS, then posted as SDM Abohar and others. It has been further stated that Smt. Pritam Kaur challenged the allotment to Sippy brothers and ultimately the Honble Supreme Court of India cancelled the allotment in the name of Sippy brothers and ownership of the subsequent purchasers. The Honble Supreme Court also directed that under Rule 62 of the Displaced Persons Compensation & Rehabilitation) Rules, 1955 the first right to purchase the land vests in Pritam Kaur. The applicant further pleaded that although Honble Supreme Court passed the order in 1996, the authorities below i.e. Managing Officer, Sales Commissioner and Chief Sales Commissioner have not given any relief to Pritam Kaur on account of interference of Shri Harjit Singh being an IAS Officer and tampering with the Revenue records without fear of contempt of Court of Supreme Court. The applicant has further stated that he has been in litigation for the past 30 years but no relief has been provided to him inspite of the orders of the Apex Court. The applicant has further stated that D.C. Ferozepur has sent the file to the Office of Financial Commissioner Revenue for instructions vide letter dated 10.1.2005. The applicant has further alleged that Shri Harjit Singh, IAS has bought the land as benami in the name of his father Hazur Singh and making full use of his position to thwart all attempts for restoring the land to the applicant.

2. The Deputy Commissioner, Ferozepur vide letter No. 87/DRA, dated 10.1.2005 made a reference to the Financial Commissioner Revenue seeking advice for realloting land to Smt. Pritam Kaur. The relevant portion of the said letter is reproduced as under :-

"10. Now two sets of people are claiming relief in this case. On one side Smt. Pritam Kaur has applied for ownership & possession of the land on the basis of Section 144 CPC & Rule 62 of D.P. Rules 1955. On the other side the illegal occupants shown as "Nazaiz Kabaj" in column 5 are seeking purchase of Provincial Govt. land on basis of possession.

11. In absence of original allotment order record as well as order/record vide which allotment was cancelled it is very difficult for this office to take any decision in this case. Opinion of D.A. was also taken but his opinion seems unnecessarily biased towards Pritam Kaur. In such circumstances it is deemed fit that the entire case along with this case brief be sent to your good office so that your good office may examine the case & may give due instructions to the office of undesigned for taking necessary action in this case."

The opinion of the District Attorney, Ferozepur dated 1.12.2004 is reproduced as under :-

"1. That the applicant Pritam Kaur wife of Shri Iqbal Singh resident of village Balluana Teh. Abohar, Distt. Ferozepur was allotted land in village Balluana in lieu of land left behind by the applicant and her parents in Pakistan.

2. That due to excess allotment the land was cancelled and put in the name of Provincial Govt. Punjab in the year 1978-79 and thereafter it was allotted to Narain Dass and Khushi Ram son of Chandu Mal and possession was transferred to them vide Roznamcha dated 29.5.1985.

3. That thereupon Pritam Kaur filed an appeal in the Honble Supreme Court of India that both the above said persons had not migrated to India and hence were not entitled to allotment in India as they had no land in Pakistan.

4. That in the above said appeal Honble K. Ramaswamy and Honble Justice K. Venkataswami of the Supreme Court of India vide order dated 5.12.96 have allowed the appeal and set aside the order of Honble High Court and other authorities, setting aside