GRAM PANCHAYAT Vs. DIRECTOR CONSOLIDATION OF HOLDINGS

JUDGEMENT

(1.) This is a writ petition filed on behalf of Gram Panchayat of village Naulakha, Tehsil Sirhind, District Patiala, through its Sarpanch, challenging the order of the Director, Consolidation of Holdings, Punjab, Shri K.S. Minhas, dated 9th August, 1985, by which the respondents have been held to be entitled to the ownership of the land measuring 1998 Bighas 19 Biswas in old Khewat No. 89 (Jamabandi for the year 1955-56) and now Khewat Nos. 196/348 to 378 and 160/265 to 303. The Director had by this order directed the Consolidation Officer to make necessary changes in the record and had observed that since the start of the consolidation proceedings, lot of changes had taken place and some of the right-holders had already been given their shares through decrees, etc., these things would be taken into account by the Consolidation Officer and the new Khatas would be subject to these changes. On the request of the respondents (petitioners before the Director, Consolidation) the land in dispute was ordered to be distributed amongst the share-holders according to "Hasab Rasad Zar Khewat". The Consolidation Officer was directed to distribute the area in question to the right-holders in accordance with their shares subject to the condition that as far as possible each rightholder would be given the additional area with his existing kurra, and where this may not be possible, an additional Kurra may be given for that much area and service paths to such additional Kurras may also be provided. It may be noticed that the Director, Consolidation, in the impugned order had also observed that the Scheme of the Consolidation shall be deemed to have been amended to the above-mentioned extent.

(2.) It has been averred in the petition that about 30 years prior to the filing of the writ petition, Consolidation of Holdings Scheme under the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Consolidation Act) was prepared and carried out and re-partition etc. according to the Scheme had also taken place.It has been further stated in the petition that before the consolidation proceedings took place in the village there existed land which was Shamlat Deh to the tune of 1998 Bighas 19 Biswas. This land was shown as per Jamabandi for the year 1955-56, to be under the ownership and possession of the Panchayat. It is further the case of the petitioner that the Panchayat was giving the said land on Chakota to -various persons and the Panchayat was imposition of most part of the said Shamlat land, though some part of it was under illegal and forcible possession of some right holders. According to the petitioner, not even a single person in the entire village out of the proprietary body ever raised any objection or questioned the Scheme during the past more than 30 years before it the filing of the petition. The re-partition and other formalities had been completed strictly in accordance with the Scheme and the record of rights had also been prepared accordingly.

(3.) In the pleadings in the writ petition, it has further been averred that after coming into force of the Punjab Village Common Land (Regulation) Act, 1961 (hereinafter referred to as the 'Shamlat Act'), the Shamlat land automatically vested in the Gram Panchayat under Section 2(g) of the Shamlat Act. The land in question accordingly vested in the Gram Panchayat and mutation No. 1379 was sanctioned on 11th June, 1956 and the entire Shamlat land was mutated, in favour of the petitioner-Gram Panchayat.