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Policy lacuna fetched Punjab BJP ex-minister 31 kanals Chandigarh, September 27 “If the fence starts eating the crop, nothing would be safe,” said Justice Ranjit Singh as he indicted Swarna Ram for taking advantage of a modified policy that allowed government land to be allotted to those occupying it without authorisation. Swarna Ram, as sitting MLA, got himself allotted 31 kanal and eight marlas of government land within the revenue estate of Chhaula in Jalandhar district. Mincing no words on a petition filed by Nirmal Singh on the issue, Justice Ranjit Singh said: “What would happen if those who are to protect public property themselves usurp the same?” Claiming to be in “cultivating possession” of the land owned by the Punjab Government in Chhaula village, petitioner Nirmal Singh had claimed that a tehsildar issued a conveyance deed in then MLA Swarna Ram’s favour all of a sudden on December 2, 2003. The tehsildar ignored his physical cultivating possession over the land in the process, alleged Nirmal Singh. Later, when Swarna Ram was a Minister, the sale of land was regularised. Justifying the action, the State and other respondents referred to a 1997 government policy modified in 2001: “As per the new policy, a person in continuous cultivating possession of government land since kharif 1994 is made eligible to apply for allotment of the land.” Swarna Ram applied to the Phillaur Tehsildar for the transfer of the land in question stating that he was in continuous cultivating possession of this land since 1994. A report was obtained from the Halqa Patwari, who certified the continuous possession of Swarna Ram. On this basis, Swarna Ram was found eligible for allotment of the land. He deposited a princely sum of Rs 23,555 towards the price of land on December 31, 2002, in the Government treasury. Justice Ranjit Singh observed that ‘lagan’ or lease from 1994 to 2002 was paid in one go on December 31, 2002. “Swarna Ram made the application for allotment on January 30, 2002, claiming to be in continuous possession of this land and thereafter deposited the lagan for all the years from 1994 to 2002 on December 31, 2002… It is clear that he has taken this action only after issuance of policy in 2001. Being a minister or MLA, he apparently would yield enormous influence. He could easily manage to first deposit the ‘lagan’ by showing his possession over the land from 1994 and then got the land allotted to him”. Justice Ranjit Singh added that a maximum of five standard acres or 10 ordinary acres could be allotted to a person. Once Swarna Ram denied he already had over 12 acres, he would be rendered ineligible for this allotment. “This reason coupled with other tell-tale signs noticed in this case would show this allotment has been made illegally and unauthorisedly without properly looking into the entitlement of Swarna Ram. He being an influential political figure and stakeholder in the governance of the State could be expected to behave in a better manner. He rather has shown greed to seek benefit by getting government land,” the judge said. The land in question
As sitting MLA, Swarna Ram got himself allotted 31 kanal and eight marlas of government land within the revenue estate of Chhaula in Jalandhar district How it happened
2001: Punjab Government modifies 1997 policy. As per new policy, person in continuous cultivating possession of government land since 1994 is made eligible to apply for land allotment Jan 30, 2002: Swarna Ram applies for land allotment Dec 31, 2002: Lease amount of land from 1994 to 2002 paid in one go to show Swarna Ram’s continuous possession Dec 2, 2003: Tehsildar issues conveyance deed in Swarna Ram’s favour March 4, 2004: Conveyance deed registered
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