Punjab: Court reprieve for those who bought ‘nazool’ land before ’70

Tribune News Service

Saurabh Malik

Chandigarh, January 11

In a significant judgment, the Punjab and Haryana High Court has made it clear that an executive communication dated June 5, 2014, staying the registry of “nazool” land would not be applicable to cases where full payment was made prior to the issuance of the notification dated October 28, 1970.

The ruling by Justice Vikas Bahl is significant as Rule 7 of the Nazool Lands (Transfer) Rules, 1956, did not provide for embargo on land transfer after the last instalment was paid. But the rule was subsequently amended by the October 1970 notification and restriction was imposed on nazool land’s transfer.

In their petition before Justice Bahl’s Bench, Rajesh Verma and another petitioner had submitted that more than 71 kanals of nazool land was allotted to one Punjab Singh vide allotment letter dated April 4, 1968. All instalments were paid the same year and sale certificate was issued in his favour in March 1969.

The petitioners, who purchased a part of the property, vide sale deeds dated January 21, 1997, and September 7, 1997, stated that Rule 7 was applicable at the time of the allotment to Punjab Singh. The rule was only subsequently amended by the October 1970 notification and restriction on transfer was imposed.

Justice Bahl’s Bench was told that a show-cause notice was issued to the petitioners for purchasing the property in violation of the amended rules, to which a reply was filed. The Kapurthala District Collector, vide a detailed order dated June 25, 2014, observed the allotment was made to Punjab Singh in 1968, and the requisite payment was made the same year before the issuance of the sale certificate next year prior to the amendment to Rule 7. As such, the land had come out of the government’s purview. The amendment subsequent to the sale certificate was not applicable to the land.

But the Deputy Commissioner, vide a letter dated June 5, 2014, issued general directions that the note regarding nazool land in the jamabandis would remain intact and the stay on the registries would continue. As a result, the petitioners, absolute owners, were unable to exercise all the rights in the property.

Referring to a judgment in one Sukhdev Singh’s case, Justice Bahl asserted the petitioners’ matter was squarely covered by it. “The petition is allowed and it is observed that the sale of the land in favour of the petitioners is not illegal and they had acquired full rights in respect of the land purchased by them and the same cannot be curtailed in any manner by any executive decision,” Justice Bahl concluded.

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