Punjab land reform Act 1972 Determination of permissible

Punjab land reform Act 1972 Determination of permissible and surplus area

�Section 7 of the act gives detail regarding the determination of the permissible and surplus area. �Section 7(1) says that collector shall determine the permissible area and the surplus area of a land owner or tenant as the case may be the basis of all or either of the below mentioned information.

�Information given in declaration furnished by the landowner or tenant under sec. 5 or �Information detained under sec. 6 �Information collected by the collector after making inquiry as deem fit. �Then collector shall by an order determine the permissible and surplus area of a land owner or tenant as the case may be.

�Section 7(2) provides that in case the land owner or tenant fails to furnish the declaration or files declaration containing information which is false, untrue then he shall be punishable with imprisonment which may extend to 2 years or with fine which may extend to 2000 Rs. Or both.

�For the purpose of determining the surplus area of any person:

�Any judgments , decree or order of a court or other authority obtained and having the effect of diminishing the surplus area of such a person; �A tenancy created in any land which has been or could have been declared as surplus area of such a person under the Punjab law the pepsu law or this act shall be ignored.

Case laws: �Mulkh Raj v/s state of Punjab the financial commissioner held that the transferee purchased surplus land after coming into force of the act and case of surplus land of the landowner already decided. Any transaction affecting the surplus area has to be ignored.

Case Law �Amarjit kaur v/s the state of punjab the court held that if the state govt. has not yet taken the possession of the surplus area in the hands of the deceased owner nor it has been utilized, it has to be re determined in the hands of the heirs of the deceased.

Case Laws �Mukhtiar singh v/s state of Punjab A land owner furnished declaration in form ‘A’ giving false information about age of his son. It is held that he is liable to be procecuted under section 7(2). of the act.

Case Laws: �Jarnail singh v/s state of Punjab �Jagraj singh v/s state of Punjab �Avtar singh v/s state of Punjab and another �Kartar singh v/s state of Punjab