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2017 DIGILAW 779 (RAJ)

State of Rajasthan through the Principal Secretary to the Government v. Sajjan Kanwar w/o Late Shri Raghunath Singh

2017-03-22

GOVIND MATHUR, VINIT KUMAR MATHUR

body2017
JUDGMENT : 1. To examine correctness of the judgment dated March 12, 2014 passed by learned Single Bench in SB Civil Writ Petition No.10552/2009, this appeal is before us. By the judgment impugned learned Single Bench, while accepting the writ petition, directed the appellants herein to allot land to the respondent herein as per the proposal made in the notice/letter dated 28.12.2004 and further to hand over possession of the same to her subject to satisfying requisite formalities. 2. In appeal, the submission of the appellants is that learned Single Bench failed to notice certain important provisions of the Rajasthan Colonisation Act, 1954 and the Rules framed therein while accepting the petition for writ. 3. To adjudicate the appeal, before coming to facts and other merits of the case, we deem it appropriate to refer the provisions applicable. 4. The Rajasthan State Legislature in the fifth year of the Republic of India enacted "the Rajasthan Colonisation Act, 1954" (hereinafter referred to as 'the Act of 1954') with an object to regulate transfer of land in colony areas by way of sale, exchange, gift, will, mortgage or in any other manner including by sub-lease beyond five years. 5. As per Section 2(ii) of the Act of 1954 colony' means any area to which the Act of 1954 shall, by notification in the official gazette, be applied by an order of the State Government, or in respect of minor irrigation projects, by an order of the Collector authorised by the State Government in that behalf. 6. As per Section 5 of the Act of 1954, except as otherwise provided in the Act, the laws relating to agriculture tenancies, land, the powers, duties, jurisdiction and procedure of revenue courts, the survey and record operations, the settlement and collection of revenue, rent and other demands and the partition of estates and tenancies, for the time being in force in a colony, shall, in so far as may be applicable, apply to tenancies held and to proceedings conducted under the Act of 1954. 7. As per Section 7 of the Act of 1954, the State Government may grant land in a colony to any person on such conditions as may be prescribed. 7. As per Section 7 of the Act of 1954, the State Government may grant land in a colony to any person on such conditions as may be prescribed. For that purpose, a statement of conditions of tenancy is required to be issued and as per proviso to sub-section (4) of Section 7, where the allottee dies after issuance of such written order as referred in sub-section (3) of Section 7 before taking possession of the allotted land, his spouse or in case the spouse is not alive his legal heirs dependent on him may take possession of the allotted land. Section 7 ibid reads as follows:- "7. Issue of statement of conditions of tenancy.- (1) The State Government may grant land in a colony to any person on such conditions as may be prescribed. (2) The State Government may issue a statement or statements of the conditions on which it is willing to grant land in a colony (to any person). (3) Where such statements of conditions have been issued, the Collector may, subject to the control of the State Government, allot land to any person, to be held subject to such conditions contained in the statement issued under sub-section (2) of this section as the Collector may, by written order, declare to be applicable to the case. (4) No person shall be deemed to be a tenant or to have any right or title in the land allotted to him until such a written order has been passed and he has taken possession of the land with the permission of the Collector, and after possession has been so taken, the grant shall be held subject to the conditions declared applicable there to : Provided that where the allottee dies after such written order has been passed but before taking possession of the allotted land, his spouse or in case the spouse is not alive his legal heirs dependent on him may taken possession of the allotted land." 8. Section 28 of the Act of 1954 empowers the State Government to make rules for carrying into effect the provisions and purposes of the Act of 1954, in particular for all matters, which are required by the Act to be prescribed or that may be prescribed. 9. Section 28 of the Act of 1954 empowers the State Government to make rules for carrying into effect the provisions and purposes of the Act of 1954, in particular for all matters, which are required by the Act to be prescribed or that may be prescribed. 9. The Government of Rajasthan invoking powers conferred by Section 7 read with Section 28 of the Act of 1954 framed "the Rajasthan Colonisation (Allotment and Sale of Government Land in Indira Gandhi Canal Colony Area) Rules, 1975" (hereinafter referred to as 'the Rules of 1975') for allotment and sale of Government land in Indira Gandhi Canal Colony area. 10. Rule 5 of the Rules of 1975 provides that the Agriculture Graduates, Landless persons, Bhakra landless persons, Ex-serviceman and beneficiary of the Integrated Rural Development Programme shall be eligible for allotment of Government land for agricultural purposes under the rules up-to 25 big has (6.32 hectares). For allotment of land to the categories aforesaid, the Government may reserve land in specific areas. 11. Rule 12-A of the Rules of 1975 pertains to allotment of land to Ex.Servicemen and that reads as follows:- 12-A. Allotment of land to Ex-Servicemen.- Notwithstanding anything contained in these rules, allotment of land to Ex-Servicemen shall be made in the following manner:- (i) Allotment of Government land to Ex- Servicemen shall be made out of the land reserved for the purpose under rule 6 of these rules. (ii) The Colonisation Commissioner keeping in view of the availability of land may from time to time decide to invite applications from the Ex- Servicemen according to the priorities as laid down under rule 7 for the landless persons through the Collector of the district. (iii) The public notice for such applicant shall be issued under the signature of the Colonisation Commissioner or any other officer authorised by him inviting applications for allotment within the time fixed therein, which shall not be less than 30 days from the date of such notice, or within such time as may be extended from time to time. (iv) Copies of such notice shall be affixed at the following places for wide publicity namely:- (a) Notice Board of the Colonisation Commissioner, (b) Notice Board of the Collector of the District, (c) Notice Board of the Secretary Soldiers, Sailors and Airmen's Board of the district. (iv) Copies of such notice shall be affixed at the following places for wide publicity namely:- (a) Notice Board of the Colonisation Commissioner, (b) Notice Board of the Collector of the District, (c) Notice Board of the Secretary Soldiers, Sailors and Airmen's Board of the district. (v) An Ex-Servicemen desiring allotment of land shall submit his application for allotment in triplicate in form XIV to the Collector of the district along with an affidavit that he is an Ex- Serviceman under these rules, who shall immediately register it in a register maintained by him in form XV and issue to applicant receipt in form XVI. The application so submitted shall be verified by the applicant as plaint according to the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) and the affidavit, containing true and correct factual information as required in the application shall be verified by a magistrate or an Oath Commissioner. (vi) The Collector of the district shall scrutinise the application and the affidavit annexed thereto and shall conduct or get conducted such enquiry as he may consider necessary for finding the true state of facts mentioned in the application. Thereafter, he shall prepare his report in form XVII. (vii) The Collector of the District shall sent two copies of the application along with report in form XVII to the Colonisation Commissioner who shall keep one copy of the application in his office and forward the other copy with report in form XVII to the concerned Allotting Authority for allotment of land. The allotting Authority shall register such application in the register to be maintained by him in form XV. The Allotting Authority after satisfying himself about the eligibility of the applicant shall allot each applicant Government land to the extent provided in sub-rule (2) of rule 5 out of the area reserved for such applicant on the terms and conditions as laid down in these rules. The Allotting Authority after satisfying himself about the eligibility of the applicant shall allot each applicant Government land to the extent provided in sub-rule (2) of rule 5 out of the area reserved for such applicant on the terms and conditions as laid down in these rules. (vii-A) When there is more than one applicant, allotment shall be made by drawal of lots in the following manner:- (a) The Colonisation Commissioner shall prepare a list of persons whose applications have been received within time and who fulfill the eligibility condition for allotment of land under these rules: (b) The number of persons to whom land may be allotted will be determined by the Allotting Authority on the basis of total area of land available for allotment divided by 25. (c) Lots will be drawn by the Allotting Authority from amongst applicants found eligible under clause (a) above, to select the persons eligible for allotment of land equal to the number determined under clause (b) above. In the same draw of lots, additional persons equal to 25% of the number of persons determined under clause (b) above, shall be selected and arranged in the order, in accordance with the result of the drawal of lots and be kept on the waiting list. The waiting list shall remain valid till the land available for allotment is exhausted; (d) in case the land available for allotment exceeds the requirement of the land to be allotted to persons declared successful on the basis of the draw of lots, persons from the waiting list in their respective order may be considered for allotment of land; (e) the applicants declared successful and entitled to allotment of land under clauses (c) and (d) above, will be arranged in homogeneous groups on the basis of tehsil, districts and regions to which they belong; (f) compact area of land, out of total area available for allotment, commensurate with the requirement of each group formed under clause (c) shall be set apart for each such group and the allotment of land to each person belonging to the same group shall be made in the area thus set apart on the basis of separate draw of lots held amongst person belonging to such group. (vii-B) All allotments of Government land under this rule shall be made by the Allotting Authority in consultation with the Advisory Committee consisting of the following members, namely:- (a) Member of the Rajasthan Legislative Assembly in whose Constituency the land proposed to be allotted is situated. (b) Sarpanch of the Gram Panchayat in whose jurisdiction such land is situated (c) Secretary of Zila Sainik Board concerned. (d) A representative of the Director-General of Re-settlement, as nominated by him, and (e) Colonisation Tehsildar of the Tehsil in which the land is situated. (f) Sub-Divisional Officer of the concerned sub-division as a representative of District Collector. The provision of rule 13 will apply mutatis mutandis, to this advisory committee to the extent they are not provided in this rule. (viii) Separate lists of persons whose applications have been granted or rejected shall be affixed forthwith on the Notice Board of the Colony Tehsil or Revenue Tehsil in whose jurisdiction the land is situated. Such publication shall be deemed to be sufficient notice to the applicants of the orders passed on the applications. (ix) The Allotting Authority shall issue allotment order in form XII a copy of which shall be sent to the allottee, Colonisation Tehsildar, Collector of the district and the Colonisation Commissioner. (x) The Ex-Serviceman, who has been allotted land under rules, shall take possession of the land within one month from the date of receipt of allotment order in form XII. In case of his failure to take possession of the land with the said period the allottee shall be deemed to have declined the allotment and the land shall thereafter, be available for re-allotment to any other Ex-Serviceman under these rules. (xi) The Colonisation Tehsildar shall handover possession of the allotted land to the allottee and issue a certificate to that effect to the allottee. A copy of the certificate shall also be forwarded to the Allotting Authority Collector of the district and the Colonisation Commissioner." 12. As per the rule quoted above, an Ex. Serviceman is entitled to have allotment of land in accordance with the Act of 1954 and the Rules of 1975. The respondent herein is wife of Shri Raghunath Singh, who after retirement from Indian Army applied for allotment of agriculture land in accordance with Rule 12-A of the Rules of 1975 in the year 1985. Serviceman is entitled to have allotment of land in accordance with the Act of 1954 and the Rules of 1975. The respondent herein is wife of Shri Raghunath Singh, who after retirement from Indian Army applied for allotment of agriculture land in accordance with Rule 12-A of the Rules of 1975 in the year 1985. The application submitted by Shri Raghunath Singh remained pending with the allotting authority for good about three decades and during pendency of the application he breathed last on 19.3.2004. After death of Shri Raghunath Singh, the land measuring 23.08 big has (command) at Tehsil Mohangarh-1, Chak 2 ULM in Murabba No.138/53 and 0.17 un-command land, total measuring 24.05 big has was proposed to be allotted under a letter/notice dated 28.12.2004. The allottee was asked to deposit a sum of Rs.10,720/- being 5% of the value of the land along with relevant documents on or before 31.1.2005. 13. The respondent herein being widow of Shri Raghunath Singh visited the office of the Allotment Officer and Additional Commissioner Colonisation, Bikaner to deposit the sum of Rs.10,720/- and to complete all other formalities required to execute the proposal for allotment of land, but that was not accepted on the count that her husband Shri Raghunath Singh died prior to issuance of letter dated 28.12.2004. The respondent herein made several efforts to have allotment of land under the category of Ex. Serviceman being widow of Late Shri Raghunath Singh but of no consequence, hence, she preferred a petition for writ that came to be accepted under the judgment impugned. 14. Before learned Single Bench the appellants herein repudiated claim of the petitioner by pleading that Shri Raghunath Singh died before decision for allotment, hence his application in the category concerned became in-fructuous and the allotment so proposed was annulled by the competent authority by an order dated 19.12.2007. Learned Single Bench, after examining all relevant facts and the law applicable, held as under:- "The State Government due to its total apathy and inaction has frustrated the very object of Rule 12-A of the Rules of 1975. It is really strange that application submitted by an Ex-Serviceman in the year 1985 came up for consideration for allotment of agricultural land after almost three decades; such inordinate delay is a cause of grave and serious concern. It is really strange that application submitted by an Ex-Serviceman in the year 1985 came up for consideration for allotment of agricultural land after almost three decades; such inordinate delay is a cause of grave and serious concern. That apart, the petitioner, who is a widow of Ex-Serviceman is sought to be deprived of her right to claim the allotted land to her husband on a fortuitous circumstance of death of her husband three months anterior to the decision for allotment of land. Inordinate delay and laches on the part of the respondents in considering the application of petitioner's husband cannot be cited as a reason for cancellation of allotment made to her husband merely on account of his death. The State Government in this behalf has proceeded with snails pace and has not acted fairly and objectively which fortifies from the fact that even the communication from Sainik Kalyan Board containing recommendation for allotment in favour of the petitioner has not been paid any heed. The welfare State, which has promulgated the Rules of 1975 and incorporated specific rule for allotment of agricultural land to Ex-Servicemen in the form of Rule 12-A of the Rules of 1975, cannot shirk from its just obligation to allot land to kith and kin of Ex-Serviceman who has served for the Nation to defend its pride in the battle field. It is true that Rule 12-A envisages allotment of agricultural land to Ex-Servicemen but the crucial date for determining status of an individual is the day when the application is submitted and not later than that much less 30 years after the submission of the application. If such technical interpretation is given to a beneficial piece of legislation the whole provision will be rendered otiose and no Ex-Serviceman shall be able to get the requisite allotment of land in his favour under the said Rule. Beneficent and purposeful interpretation of the Rule is required to see that things may rather avail them perish. It is well settled that in construing the provisions of Statute the Court should be slow to adopt a construction which tends to make any part of the statute meaningless or ineffective. Thus, an attempt must always be made to reconcile the relevant provisions so as to advance the remedy intended by the Statute. It is well settled that in construing the provisions of Statute the Court should be slow to adopt a construction which tends to make any part of the statute meaningless or ineffective. Thus, an attempt must always be made to reconcile the relevant provisions so as to advance the remedy intended by the Statute. Moreover, looking to the factual background of the case, the period of almost three decades taken by the respondents in deciding the application of the petitioner's husband cannot be utilized to their advantage to thwart a valid allotment made in his favour. Thus, viewed from any angle, the impugned order cannot be sustained and the action of the respondents cannot be approved." 15. Before us, the only argument advanced on behalf of the appellants is that learned Single Bench, while accepting the writ petition, has not taken into consideration the proviso to Section 7(4) of the Act of 1954 which provides that where the allottee dies after issuance of a written order of conditions, but before taking possession of the allotted land his spouse or in case of the spouse is not alive, his legal heirs dependent on him may take possession of the allotted land. In the case in hand, Shri Raghunath Singh died before issuance of the written statement of the conditions, therefore, neither his spouse nor any of his legal heir is entitled for allotment of land. It is asserted that the proviso referred above clearly indicates that if an Ex. Serviceman dies before issuance of the written order/statement of conditions as per sub-section(3) of Section 7 of the Act of 1954, then his spouse or other legal heirs are not entitled for allotment of land under the Rules of 1975. We do not find any merit in the argument advanced. 16. It is not in dispute that the respondent herein applied for allotment of land as per provisions of the Rules of 1975 much back in the year 1985. He was waiting for such allotment for good thirty years, but the authorities competent were moving with snail's pace and that ultimately resulted into failure of the object of the Rules of 1975. Rule 5 of the Rules of 1975 provides different categories for allotment of land in colony areas and such special categories are supposed to have land in the area concerned at earliest. Rule 5 of the Rules of 1975 provides different categories for allotment of land in colony areas and such special categories are supposed to have land in the area concerned at earliest. The object of Rule 5 of the Rules of 1975 is to extend a supportive hand to certain special categories by making allotment of land in colony area. Such an object cannot be frustrated due to any wrong or slow space of the allotting authority. The husband of the respondent herein served Indian Army and the State considered it appropriate to allot land to such kind of persons for their rehabilitation. The rehabilitation of Ex. Servicemen includes rehabilitation of his spouse too. The appellants, if would have acted with adequate pace, then the land could have been allotted to Shri Raghunath Singh in his life time, but he failed to get any benefit of statute till his death, though he lived for about thirty years even after submitting the application as per Rule 12-A of the Rules of 1975. The appellants, now at this stage, desire to deny statutory right of Shri Raghunath Singh to his spouse also who is admittedly one among his successors. In our considered opinion, looking to peculiar facts of the case learned Single Bench rightly accepted the writ petition and directed the State to make allotment of land. 17. Having considered every aspect of the matter, we do not find any reason to interfere with the order passed by learned Single Bench. The appeal is dismissed accordingly.