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Lt.Col.M.S.Jaspal Vs State

Case No. Date of institution Date of decision

MO/HQ/96 19.11.1997 20.7.2001

Lt. Col. M.S.Jaspal (Retd.) A-196, Defence Colony, New Delhi-110024



State ……Respondent.

Application regarding allotment of additional land.

Present: Sh. Som Nath Saini, Advocate for applicant.

An application of Lt. Col. (Retd.) M.S.Jaspal dated 22.10.97 addressed to Deputy Commissioner, Kapurthala alongwith other documents was forwarded to this office by Punjab Govt. Rehabilitation Deptt. (Policy Branch) vide Memo.No.P-4 (927)/5, dated 1.1.1998 for necessary action as per rules/instructions.

In this application, it was stated that applicant’s father S.Niranja Singh Jaspal and his wife’s mother Smt. Piar Kaur were displaced persons from Sindh (Pakistan) and were allotted land in village Paharpur (Kapurthala) and after demise the land has been transferred in the name of Madanjit Singh Jaspal (applicant), Avtarjit Singh Jaspal (his brother) and Mrs. Jasjit Jaspal (his wife). Subsequently their application for more land to the tune of 8.10½ Std. Acres to both brothers and 12 Std. acres to his wife was determined. After retirement from the service of armed Forces when the applicant came to village, then he found that no other land has been allotted to them rather they have been deprived of 250 kanals from already allotted land. In the end of this application, it was prayed that they may be restored 25 kanals land and they should also be allotted 8.10 ½ Std. Acre and 12 Std. Acres.

From the report of Deputy Commissioner, Kapurthala dated 2.9.1994, it was found that about 25 kanals land was cancelled by the Settlement Commissioner vide order dated 19.6.1975.

During the hearing of this application, it came to notice that applicant had already filed appeal against the order dated 19.6.1975 before Chief Settlement Commissioner, but the appeal was dismissed on 29.10.1998. Petition u/s 33 of Displaced Persons (C & R) Act, 1954 was filed against the order dated 29.10.98 before Financial Commissioner, Revenue, Punjab and this petition of the applicant was also dismissed by F.C.R. vide order dated 30.11.1999. The applicant challenged these orders in the Punjab & Haryana High Court by filing CWP No.1950/2000 and the same has also been dismissed on 16.7.2001 by Hon’ble High Court.

Since the matter has been finalized upto Financial Commissioner Revenue/High Court level, so the prayer made in this application can’t be examined any more by me. Learned counsel for the applicant has admitted this position.

Keeping in view the above discussion, the present application is ordered to be filed.

            Announced in open court.

                                                                                                Managing Officer(HQ),

Chandigarh                                                                               Deptt. of Rehabilitation, Pb.

Dated: 20.7.2001                                                                                 Chandigarh.  

Hon'ble Revenue Minister


Special Chief Secretary, Department of Revenue, Rehabilitation and Disaster Management

Sh.  K A P Sinha, IAS

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