Bodhi Chamaj Servicemen Co Operative Tenants Farming Society LTD. v. State Of Haryana
1986-09-24
E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY
body1986
DigiLaw.ai
(1) THE question raised by Shri Tarkunde in these appeals was that the notice issued by the Collector proposing to hold an inquiry and making the parties to adduce evidence was not in accordance with the directions given by this court in Prem Ex-Servicemen Co-op. Tenant Farming Society Ltd. v. State of Haryana We have read the notice in the light of the judgment and we do not find any substance in the submission of Shri Tarkande. There are no merits in the appeals which are accordingly dismissed. (2) SINCE no stay was granted by this court, the Collector proceeded with the inquiry and ultimately decided the case against the appellants. We are told that the appellants have preferred appeals to the Commissioner of Ambala against the decision of the Collector. The appellants are at liberty to pursue the remedy of which they have availed themselves. (3) WE must however make one observation. In this case as well as in all the cases which were heard along with these appeals, the outstanding fact is that several ex-servicemen who needed to be rehabilitated formed themselves into co-operative societies and were leased lands which were hitherto uncultivated. This was more than 20 years ago. These lands were brought under cultivation and improved by the sweat and labour of the petitioners-ex-servicemen in the course of these two decades. Some of those lands belong to private owners and some to the Gram Sabhas. Notices were issued to the societies to surrender the lands on the expiry of the leases on the ground that the lands had been originally taken from the respective owners under the East Punjab Utilisation of Land Act and had to be returned to the owners on the expiry of the period for which they had been taken over. It is a great pity that the labour of practically a whole lifetime in the case of some of these ex-servicemen has to remain fruitless and they are to be left without any means of livelihood after so many years. One way by which the situation could have been saved was for the government to acquire the lands and allot them to the petitioners on condition of their paying the price of the lands. That course was suggested to the government of Haryana, but there was no response. Another way out is to allot some other land elsewhere to the petitioners.
That course was suggested to the government of Haryana, but there was no response. Another way out is to allot some other land elsewhere to the petitioners. The government of Haryana may consider these alternate proposals or any other suitable proposal and make an effort to save these ex-servicemen.