HCLH Act 12अध्याय II · Ceiling on Land and Acquisition and Disposal of Surplus Area

धारा 12 · Vesting of surplus area

(1)

The surplus area of a landowner shall, [from the date on which it is declared as such shall be deemed to have been acquired by the State Government for a public purpose] [Substituted by Haryana Act

40 of 1976

.] and all rights, title and interest (including the contingent interest, if any, recognised by any law, custom or usage for the time being in force) of all persons in such area shall stand extinguished and such rights, title and interest shall vest in the State Government free from any encumbrance :Provided that where any land within the permissible area of the mortgagor is mortgaged with possession and falls within the surplus area of the mortgagee, only the mortgagee rights shall be deemed to have been acquired by the State Government and the same shall vest in it.

(2)

The right and interest of the tenant in his surplus area which is included within the permissible area of the landowner shall stand extinguished.

(3)

[ The area declared surplus or tenant's permissible area under the Punjab law and the area declared surplus under the Pepsu law, which has not so far vested in the State Government, shall be deemed to have vested in the State Government with effect from the appointed day and the area which may be so declared under the Punjab law or the Pepsu law after the appointed day shall be deemed to have vested in the State Government with effect from the date of such declaration.] [Inserted by Haryana Act 17 of 1976 and substituted by Haryana Act 14 of 1977 and shall be deemed to have been substituted from the 23rd day of December, 1972.]

(4)

[ For the purposes of determining the surplus area under this Act, any judgment, decree or order of a court or other authority, obtained after the appointed day and having the effect of diminishing the surplus area shall be ignored.] [Inserted by Haryana Act 17 of 1976.]

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