Bare ActsThe Haryana Ceiling on Land Holding Act, 1972 (26 of 1972)

Section 32

WITHDRAWAL OF EXEMPTIONS REGARDING UTILISATION OF SURPLUS AREA

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WITHDRAWAL OF EXEMPTIONS REGARDING UTILISATION OF SURPLUS AREA.- As from the appointed day exemptions granted in relation to the utilisation of surplus area under orchards, tea-estates or well run farms by virtue of the provisions of the Punjab Law or the Pepsu Law or the rules framed or purported to have been framed under thereunder, shall stand withdrawn. CASE LAW S.32-- Punjab Security of Land Tenures Act, 1953--Sections 21 and 14B-­ Computation of surplus land--Land exempted from provisions of Punjab Act on the ground that an orchard was being run on the land declared as surplus area--Exemption granted, withdrawn by Haryana Act under S.32--Commissioner, Financial Commissioner and High Court dismissed appeal--Held· Appellant have accepted the position that he was in possession of excess land choose to claim exemption, which was granted-Now cannot contend that he would have challenged the order declaring surplus land, had the Form 'F‘ been issued to him-­ Evacuee land lost its character, when allotted to appelant--Land recomputed by taking note of subsequent acquisition' of land by appellant--No illegality--Order of High Court upheld; M/s. Saraswati Industrial Syndicate Ltd. v. State of Haryana & Ors. : 2001(3) ALL INDIA LAWS REPORTER (Supreme Court) 707 Section 32(2) (ii) iii)--Surplus area case finalised before passing of the Act-­ Proceedings cannot be reopened except by Financial Commissioner if exercise of revisional powers--Only proceedings for determination of surplus area pending immediately before the commencement of the Haryana Act have been protected-- Appeal against the order of Collector declaring surplus are filed by landowner after a lapse of 18 years cannot be treated as pending Commissioner has jurisdiction to hear appeal against the order of Collector declaring surplus area under the Punjab Security of Land Tenures Act; 1986(2) All India Laws Reporter 79

Section 32 – The Haryana Ceiling on Land Holding Act, 1972 (26 of 1972) | DailyLaw.ai