Amendment status not verified — confirm the current text below against the official source.
VESTING OF SURPLUS AREA. --(1) The surplus area of a landowner shall, (from the date on which it is declared as such shall be deemed to have been acquired by the State Government for a public purpose) (Vide Act No. 17 of 1976) and all rights, title and interest (including the contingent interest, if any, recognised by any law, custom or usage for the time being in force) of all persons in such area shall stand extinguished and such rights, title and interest shall vest in the State Government free from any encumbrance: Provided that where any land within the permissible area of the mortgagor is mortgaged with possession and falls within the surplus area of the mortgagee, only the mortgagee rights shall be deemed to have been acquired by the State Government and the same shall vest in it. (2) The right and interest of the tenant in his surplus area which is included within the permissible area of the landowner shall stand extinguished. (3) The area declared surplus or tenant's permissible area under the )r Punjab law and the area declared surplus under the Pepsu Law, which has not so far vested in the State Government, shall be deemed to have vested in the State Government with effect from the appointed day and the area which may be so declared under the Punjab Law or Pepsu Law after the appointed day shall be deemed to have vested in the State Government with effect from the date of such declaration.(Vide Act No. 40 of 1976) (4) For the purpose of determining the surplus area under this Act, any judgment, decree or order of a court or other authority, obtianed after the appointed day and having the effect of diminishing the surplus area shall be ignored. CASE LAW S.12 (3)--Admittedly land declared surplus on 8.6.1960-Allotted to different landless persons and possession given thereof-- Continued to be in possession till 1976 when Haryana Ceiling Act came into force retrospective w.e.f. 23.12.1972—Land holder died on 5.1.1976- Claim of the LRs that land had not till then vested in the State and further request for redetermination of the surplus land afresh in individual shares as per S. 12(3) of the Act of 1972-Allottees of lands with possession prior to 1972, a right have been conferred on the allottees, which right could not be snatched away when appellants were not party to the proceedings-Also land holder died on 5.1.1976, as per Act 1972, lands have vested in the State on 23.2.1972, question of redetermination of surplus area did not arise-Orders of High Court set aside--Appears allowed--Punjab Security of Land Tenures Act, 1953; 1999(1) All India Land Laws Reporter 270 Section 12--Contention of the petitioners that the land having not been utilised did not vest in the state--Held--Contention rejected-Act provides that land which· had remained unutilised till the appointed day, automatically vested in. the state; 1996(1) All India land Laws Reporter 50. Paragraph 4- Some land, left out after tenants purchased the rest, formed part of the surplus pool--On coming into force of Haryana Ceiling Act. mutation of this land was sanctioned in favour of State--Steps were taken to allot the same to eligible persons under the Utilisation Scheme-Necessary information to the village people was given by the beat. of drum--Plaintiffs challenge the proceedings as null and void--Held--Service of notice to the transferee of surplus area which vested in the State on 24.1.1991, was a formality-Transferee has only a right to receive compensation as per Section 16 of the Ceiling Act-- Mere want of notice in given circumstances hardly advances the case of the plaintiffs--Appeal dimissed- Punjab Security of Land Tenures Act, 1953--Section 24- A (ii);1995(1) All India land laws Reporter 443 Section 12--When the land is determined as surplus it vests in the State, whether utilised or not by the Government--Such vesting is automatic; All India Land Laws Reporter 518 Section 12(3)--Punjab Security of Land Tenures Act, 1953, Section 9-Comparison- No Pari Materia-Under Section 9 of Punjab Act the Collect( to pass order to the land owner to surrender surplus area to the State under section 12(3) of Haryana Act the surplus area automatically vests in the St -But in both cases only after the permissible area has been selected either owner or Collector, as the case may be ;Vol. 26(SUPP.) All India Land Laws Reporter 327 Sections 12(3) and 8-Area subsequent transfer of area by landowner- Does not vest any right in purchaser, 1986 (2) All India Land Laws Reporter 604 Section 12(3)--Definition of surplus area--Civil Court decree ignored- No selection in respect of permissible area can be made; 1986(2) All India Land Laws Reporter 508 Section 12(3)--Punjab Security of Land Tenures Act, 1953--Land declared surplus under Punjab Act-Owner not yet divested of the surplus land Haryana Act comes into force- Section 12(3) makes the landowner entitled select to permissible area for his family and each adult son-Failing that Collector will "Select" the permissible area for the landowner--And then the surplus area will vest in State; VOL. 26 (SUPP.) All India Land Laws Reporter 327 Section 12(4)--Area declared surplus under Punjab Law-Landowner dying--Surplus area not utilised-Surplus area vests in the State Government- Heirs not entitled to fresh determination; 1983(1) All India Land Laws porter 610 Section 12(4)--Specifically provides that while assessing surplus areas, decrees of the Courts affecting the area should be ignored-To avoid a comment on the quality of Judgment, it would not be proper for the revenue officer to go into the details of the quality of decree- May be it is collusive--As such a decree will not be binding; 1991 (2) All India Land Laws Reporter 331 Section 12(4)--Objected to as beyond the competence of the legislature as it provides that judgment, decree or order obtained after the appointed I is to be ignored in case it reduces the surplus area-It does not effect the validity of the decision in any other manner but that a decree, which diminishes the permissible area, if made after the appointed day' is to be ignored-Just as a not bona fide transfer is to be ignored;VOL.29 (SUPP.) All India Land Laws Reporter 205 Section 15--Respondents not having any relationship of landlord c tenant with the original owners-Not entitled to any special consideration 1985(2) All India Land Laws Reporter 307.