The Punjab Land Reforms Act,1972
Section 13. Power to separate share of landowners in joint lands
(1) Where a person owns land jointly with other persons and his share of such land or part thereof has been or is to be declared as surplus area, the Collector, on his own motion, may, after summary enquiry and after affording to such a person on opportunity of being heard, separate his share of such land or part thereof on the land owned by him jointly with the other persons.
(2) Where, after the declaration of the surplus area of any person and before the utilization thereof, his land has been subjected to the process of consolidation, the Collector shall slao be competent to separate the surplus area of such a person out of the area of Land obtained by him after consolidation in the manner referred to in sub-section (1).
Joint Holding ” A joint holding which should be separated in terms of Section 13(1) of the Punjab Land Reforms Act before the permissible and the surplus area can be specified. It does not seem from the orders passed that this has been done. The reply on behalf of the State is that this separation can be done even after determining the surplus area and further that the landowner has made a selection of the specific khasra numbers to be placed in the surplus area. It does not appear that other co-sharers have been heard on this selection. It is possible that they might object to this selection if they are in possession of the khasra numbers proposed to be declared surplus. It would therefore be desirable if separation in terms of Section 13(1) is done and the landowner directed to make his selection of the khasra numbers to be included within the permissible area in terms of the order of separation passed. For this purpose, the other co-sharers will also have to be heard before a decision on the selection is made. Pirthi Singh vs. State of Punjab,1988 PLJ 86
Appeal against order of Assistant Collector ” To be only before Collector or other competent revenue authority ” On behalf of the petitioner, it was mainly contended that since the order of the Assistant Collector 1st Grade was passed only under sub-section (1) of Section 117 of the Act, no appeal lies against such an order before the Court of Additional District Judge and as such the impugned order passed by the Additional District Judge, Bhiwani cannot be legally sustained, in view of lack of inherent jurisdiction of the said Court which dealt with the matter as an appellate Court. There is considerable merit in the contention raised by the learned counsel for the petitioner. No appeal lies against the order of the Assistant Collector 1st Grade passed in this case in as much as the said order was passed only under sub-section (1) of Section 117 of the Act and not under any of the clauses of sub-section (1) of Section 117 of the Act. Appeal against the order of the Assistant collector could only be filed before the Collector or other competent revenue authority and certainly not before the District Judge. Mam Chand vs. Banarsi and others,1993 PLJ 34 = 1993(2) SLJ 2019
Partition ” The State can get the land partitioned under Section 13 of the Act,1972 or under Section 111 of the Punjab Land Revenue Act,1887. No right of the petitioners has been infringed and as such the revision petitions sought to be dismissed. The provisions of Section 13(1) of the Act,1972 allow absolute freedom to the Collector Agrarian to declare the surplus area without separating the joint holding of the co-sharers. Gian Singh vs. State of Punjab and others,1991 PLJ 224