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Showing contexts for: Doubling Projects in Niranjan Singh And Ors. vs The State Of Rajasthan And Ors. on 11 June, 1974Matching Fragments
In this view of the matter, the members of the family of such a temporary tenant could, not claim any - superior rights or priority over other landless persons entitled to allotment of land under the Post-1955 Rules, merely on the basis of their relationship to a person to whom a temporary cultivation lease was granted or in whose favour such a lease was renewed within the provisions of the Temporary Leases Conditions. Of course such persons would be entitled to the allotment of 25 bighas of command land in their favour under the Post-1955 Rules, in the category of landless persons, in case they fulfil the other conditions requisite for making them eligible for inclusion in the said category. Moreover, in Ram Dhan's case AIR 1973 Raj 71 this Court took into consideration the fact that there was difference between the type, of lands and the intensity of irrigation in the Bhakra Project Area and the Rajasthan Canal Area and it was held that for that reason there may be a variation in the scale of allotment. In the reply submitted by the State it has been averred that the intensity of irrigation in Bhakra Canal Area is 60% while in the Rajasthan Canal Project Area it is 110% and thus taking into consideration the intensity of irrigation of water, the chances of maturing of crop in the Rajasthan Canal Project Area is almost double than that in the Bhakra Canal Project Area and thus 25 bighas of irrigated land allotted in the Rajasthan Canal Area is almost equivalent to about 49 bighas of irrigated land in the Bhakra Canal Project Area. Further a joint family having three adult male members was to be allotted only 25 bighas of land under the Bhakra Rules in case of temporary tenants cultivating since after December 31, 1947, while under the Post-1955 Rules each one of the 3 adult male members of such joint family may be allotted 25 bighas and thus 75 bighas agricultural land could be allotted to them under the Post-1955 Rules, provided the joint family was the tenant under the temporary cultivation lease and land is available in the neighbourhood without disturbing the tenants in the same category.