JUDGMENT Mr. K. Kannan J. (Oral) - The point raised in this writ petition is the issue when the property of land owner becomes vested under the Haryana Land Ceiling and Holdings Act, 1972 namely of whether the date of coming to the force of the Act or the date when the declaration is made. This is particularly with reference to the change in size of the family and the character of its members, some of whom who had been minors become majors before the declaration was made. 2. The vesting provision under the Act comes through Section 12 that comprises of two different parts. Section 12(1) that refers to a declaration to be effective from the date when it is declared as such and Section 12(3) which declares the property as vested in the State from the appointed day where there had been already a declaration made under the Punjab or Pepsu law. Admittedly, the property had not been already declared as surplus under the Punjab or Pepsu law for application of Section 12(3) and anything by the bare provisions of Section 12(1), it is clear that the surplus area for minor shall be vested in the State only from the date when it was declared as such. In this case, the property had been originally declared as surplus on 17.2.1977 when the land owner had only one major son and the others were minors. However, when this declaration was subject of challenge to higher authority and by that time the case came to be disposed of declaring the surplus on 10.03.1987 yet another son had become major and he staked a claim for one unit independently of his father and yet another brother. His claim was rejected and it is this decision which is the subject for consideration. 3. I have no doubt in my mind that so long as declaration had not become final the size of the family and the character of members assume significance and the reckoning has to be made providing for each major member one unit of land and the holding is on the coming to the force of the Act itself cannot be only consideration for determination of surplus. It is the date of declaration that assumes significance under Section 12 where there had been no declaration made under the earlier laws. It is the date of declaration that assumes significance under Section 12 where there had been no declaration made under the earlier laws. In this case, there have been two major sons on the date when the declaration was made on 10.03.1987 and that had been done without reference to original land owner and two major sons which of whom had to be provided with one unit of land. There shall be therefore reckoning made and the impugned proceedings are quashed. The authorities will be competent to secure declaration from the original land owners and sons who are majors on the date when the declaration became final on 10.03.1987 and rework the extent of holding that each one was entitled to. 4. The writ petition is allowed with the above directions. ---------0.B.S.0------------ —————————