VIPIN BEHARI Vs. ADDL COLLECTOR, DELHI

JUDGEMENT

(1.) The writ petitioners have challenged an order of the Additional Collector dated 05.07.90, in an appeal preferred against the order of the Consolidation Officer dated 28.04.89, in the course of consolidation proceedings in Village Alipur, (hereafter called ''the village'') under provisions of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereafter called, 'the Act').

(2.) Consolidation proceedings in the village commenced with issuance of a notification on 17.08.96 under Section 14 (1) of the Act. A scheme of consolidation was published in May/June 1987. As per the scheme, the bhumidars/right holders could demand allotment of plot in the extended Abadi of the village to a maximum extent of three bighas each. The petitioners had claimed one bigha plot each, within the time stipulated. It is alleged that the claim was accepted by the Consolidation Officer and an entry was made in the register on 27.05.87. In January/February 1998, the Consolidation Officer allotted plot numbers 1B-3B to the petitioners against their demand of 4 bighas even though their entitlement, allegedly was 21 bighas and 5 biswas of land.

(3.) On 05.04.88 the representation of the contesting respondents (Nos. 2-3) (second respondent Lakhi Ram, expired during the proceedings and was substituted by his legal heirs) and the applications of the petitioners was considered by the Consolidation Officer; he issued the following order: