GURUDWARA THARA SAHIB Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Feeling aggrieved from the order dated 14.9.1995 passed by the learned Single Judge of this Court in Civil Writ Petition No. 3756 of 1981 appellant (respondent No.3 in the writ petition) has preferred the present appeal.

(2.) The main grievance of the appellant is that once land was taken from the possession of the appellant (Gurudwara Thara Sahib) for common purpose i.e. abadi then appellant-Gurudwara should be compensated to the extent of three times by giving land outside the phirni.

(3.) Briefs fact of the present case are that in 1957 exchange was effected with prior approval of the Consolidation Officer between father of respondents No. 3,4,5 and 6 Shri Gopal Singh (writ petitioner) and respondent No.2. Initially land to the extent of 9 marlas of Khasra No. 99/2 was of the writ petitioner while land of Khasra No. 22/7 was of the second respondent, which was mutually exchanged. After 13 years i.e. on 11.8.1990 present appellant moved an application under section 42 of the Consolidation and Holding Act with the prayer that abadi plots be shifted from the front of Gurudwara Thara Sahib to Khasra No. 9/8 and 8/7. Since no claim was put forward pertaining to Khasra Nos. 99/2, 22/7 which was the subject matter of exchange between the writ petitioner and the second respondent, application of the appellant came to be dismissed vide order dated 30.11.1970. Thereafter concealing that appellant had moved an application which was rejected on 30.11.1970, the appellant moved the application, giving rise to the present appeal, seeking three times of land for the land taken from Gurudwara Sahib for common purpose. Vide Annexure P-3 dated 3.7.1971 matter was remanded by the Additional Director to the Consolidation Officer, Jalandhar to compensate the appellant by giving three times land outside the phirni for the land taken from the appellant within the phirni. Vide order dated 15.5.1972 Khasra No. 22/7 was included in the holding of Gurudwara Sahib after excluding the same from the holding of respondent No.2 herein.