2010(1) LAW HERALD (P&H) 190
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Mehinder Singh Sullar
Civil Writ Petition No.2979 of 1989
Mohan Singh (D) tho. Kirpal Singh & Ors.
v.
State of Haryana & Ors.
{Decided on 18/11/2009}
For the Petitioner: Mr. Anil Khetarpal, Advocate.
For the Respondent No.1: Mr. Anil Rathee, Senior Deputy Advocate General, Haryana
For the Respondent Nos.2 to 4: Mr. P.N.Aggarwal, Advocate.
Punjab Security of Land Tenures Act, 1953--Haryana Ceiling on Lands Holdings Act, 1972, S.8(3), 12 & 33--Selection of Permissible area--Applicability of Sections 8(3) of Haryana Act--Land in dispute declared surplus under Punjab Act had already vested in State of Haryana after commencement of Haryana Act--Surplus area case of big landowner stood finally decided and cannot legally be reopened--But land exceeding permissible area so calculated shall be surplus area of person and in case area left with him after such transfer or disposition is equal to surplus area so calculated the entire area left with time shall be deemed to be surplus area--If area left with him is less than surplus area so calculated entire area and to extent of deficiency in it land so transferred or disposed of shall also be deemed to be surplus area--Petitioner are entitled to benefit in respect of selection of permissible area under Section 8(3) of Haryana Act--Matter remitted for limited purpose to consider case of petitioners for grant of benefit under Section 8(3) of Haryana Act only.
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