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        1965 (12) TMI 156 - HC - Indian Laws

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        Permissible area for displaced allottees depends on the original allotment unit, not the general conversion formula. Clause (a) of the second proviso to section 2(3) of the Punjab Security of Land Tenures Act, 1953 is a special, self-contained rule for displaced ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Permissible area for displaced allottees depends on the original allotment unit, not the general conversion formula.

                          Clause (a) of the second proviso to section 2(3) of the Punjab Security of Land Tenures Act, 1953 is a special, self-contained rule for displaced allottees, and the unit of permissible area depends on the form of the original allotment. Where land was allotted in standard acres, the allottee may retain 50 standard acres even if that equals more than 100 ordinary acres. Where the allotment was in ordinary acres, the permissible area is 100 ordinary acres even if the equivalent in standard acres is below 50. The general conversion formula in the main definition does not override the proviso.




                          Issues: (i) Whether, under clause (a) of the second proviso to section 2(3) of the Punjab Security of Land Tenures Act, 1953, a displaced allottee whose land was allotted in standard acres and exceeded 50 standard acres was entitled to retain 50 standard acres even if that area converted into more than 100 ordinary acres. (ii) Whether, where the allotment of a displaced person was in ordinary acres, the permissible area under the same clause was 100 ordinary acres notwithstanding that the conversion back into standard acres yielded less than 50 standard acres.

                          Issue (i): Whether, under clause (a) of the second proviso to section 2(3) of the Punjab Security of Land Tenures Act, 1953, a displaced allottee whose land was allotted in standard acres and exceeded 50 standard acres was entitled to retain 50 standard acres even if that area converted into more than 100 ordinary acres.

                          Analysis: The second proviso was treated as a special and self-contained definition of permissible area for displaced allottees. The words used in clause (a), especially the expression "as the case may be", were held to indicate two alternative modes of computation depending on whether the allotment was in standard acres or in ordinary acres. The conversion formula from the main part of section 2(3) was held not to govern clause (a) of the proviso. The Court preferred a construction that preserved the distinct language of the proviso, avoided redundancy, and harmonised clauses (a), (b), and (c) without importing words such as "whichever is less".

                          Conclusion: In such cases, the permissible area is 50 standard acres, and the holding is not to be reduced further merely because the equivalent in ordinary acres exceeds 100.

                          Issue (ii): Whether, where the allotment of a displaced person was in ordinary acres, the permissible area under the same clause was 100 ordinary acres notwithstanding that the conversion back into standard acres yielded less than 50 standard acres.

                          Analysis: The same clause was read as applying the ordinary-acres limit where the original allotment itself was in ordinary acres. The Court held that the reference to ordinary acres in clause (a) was meaningful and not surplusage, and that the statutory wording supported fixing the permissible area by the unit in which the allotment was made. On that basis, the case of petitioners whose allotment was admittedly in ordinary acres fell within the 100 ordinary acres limit.

                          Conclusion: In such cases, the permissible area is 100 ordinary acres, even if the equivalent in standard acres is below 50.

                          Final Conclusion: The petitions of displaced allottees whose holdings were allotted in standard acres were allowed and the orders reducing them below 50 standard acres were quashed, while the petition of the allottee whose land was allotted in ordinary acres was dismissed.

                          Ratio Decidendi: Clause (a) of the second proviso to section 2(3) creates a special rule for displaced allottees under which the unit of computation depends on the form of the original allotment, and the conversion formula in the main definition cannot be imported to override that proviso.


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