BHARTA Vs. CHATTAR SINGH

JUDGEMENT

(1.) CONSOLIDATION of holdings in Delhi is regulated by the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Holding Act). It was extended to Delhi vide Government of India notification No. SRO 2063 dated 18.12.1951.

(2.) CONSOLIDATION , as per the Holding Act commences with the issuance of a notification under Section 14(1) of the Holding Act. To effect consolidation of holdings in Village Jonapur, Tehsil Mehrauli a notification under Section 14(1) was issued on 12.2.1970. A Consolidation officer was appointed under sub Section (2) of Section 14.

(3.) PERUSAL of Sections 19 to 21 aforesaid would reveal that the Consolidation Officer is required to publish a draft scheme of consolidation giving 30 days time to persons likely to be affected by the scheme to file objections. After considering the objections, the Consolidation Officer is to submit the scheme proposed with such amendments as he consider to be necessary, together with his remarks on the objections to the settlement officer. Under Section 20, the Settlement Officer considers the draft scheme; objections thereto and remarks of the Consolidation Officer and thereafter proceeds to confirm the scheme with or without modifications. He may as well refuse to confirm the scheme. If he chooses not to confirm the scheme. Settlement Officer is required to return the draft scheme to the Consolidation Officer with directions as he deems necessary. In such eventuality, the Consolidation Officer reconsiders the draft scheme and resubmits the same for confirmation of the Settlement Officer.