Haryana Ceiling on Land Holdings Act, 1972 (26 of 1972)

Section 2(r), 4, 12 --  Punjab Security of Land Tenures Act, 1953 (10 of 1953), Section 19-F -- Surplus land – Purchase of – Vesting of -- Petitioners were given benefit of Government instructions, according to which certain vendees, who had purchased land between the period from 31.7.1958 and 15.4.1966 and who fulfilled the prescribed conditions, were to be given exemption from the surplus pool, though such land was included in the land of the big landowner and was declared surplus under the Punjab Act – Petitioners moved an application in the year 1976, by that time, the land of the petitioners had already been declared surplus in the hands of the big landowner and by virtue of Section 12 (3) of the Haryana Ceiling Act, the said land automatically vested in the State with effect from 24.1.1971 – Held, it was not a case of re-determination of the surplus land, where valuation of the land is to be made in accordance with the provisions of the Punjab Act – Financial Commissioner was right, while observing that in that situation, valuation of the land has to be made on the date, the petitioners were granted benefit under those instructions – Provision of Section 19-F of the Punjab Act is not applicable to land of the petitioners. Dalip Singh and others v. Financial Commissioner Haryana, Chandigarh and others, 2011(1) L.A.R. 1 (P&H).

Section 8(3), 33 – Punjab Security of Lands Tenures Act, 1953 (10 of 1953), Section 2(5-a), 5-C – Permissible area -- Surplus pool – Sale/Transfer of land from surplus pool – Pending of proceedings – Haryana Ceiling Act came in to force – Effect of – If proceedings for determination of the surplus land commenced prior to the enforcement of the 1972 Act, the entire proceedings shall be concluded as per the provisions of the 1953 Act, as if 1972 Act has not been passed -- Section 5(C) of the 1953 Act shall be exercised as if the 1972 Act is not passed -- After exercise of the option pertaining to the permissible land–surplus land, surplus land shall be used by the State government as per the 1972 Act only – Till option is given and accepted, provisions of the 1972 Act would not be applicable, if proceedings for determination of surplus area commenced prior to the enforcement of the 1972 Act -- In the 1953 Act, landholder was not required to include land transferred in the permissible area at the first instance –Provisions of Section 8(3) of the 1972 Act has no application -- Option had to be given as per the old Act and in the old Act, there was no requirement to save the land transferred in the permissible land at the first instance and transferred land could be taken only when area of surplus pool is falling short. Kamla Devi and others v. State of Haryana and others, 2011(1) L.A.R. 215 (P&H DB).

Section 12(3) – Punjab Security of Land Tenures Act, 1953 (10 of 1953), Section 5-A – Surplus area – Finalization of – Purchase application by tenant – Pendency of --  No proceedings in respect of surplus land area of the landowner were pending on the date of death of landowner -- It was only purchase application of the tenants which was pending when Haryana Act came into force – Held, in terms of Section 12(3) of the Haryana Act, the land vests with the State. Shashi Kumar and others v. Financial Commissioner, Haryana and others, 2011(1) L.A.R. 556 (P&H DB).