GRAM PANCHAYAT, VILLAGE SHEKHUPUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment shall dispose of CWP Nos. 6122, 6135 and 8953 of 1992, as common questions of law and facts are involved therein. The facts, which are almost identical, for the sake of convenience, are being extracted from CWP No. 6122 of 1992.

(2.) PRIMARY challenge in this writ petition is to the legality of the order, Annexure P-3, dated 16.12.1991, passed by the Director, Land Records, Punjab exercising powers, under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short herein after referred to as "the Consolidation Act").

(3.) CONSOLIDATION in village Shekhupur concluded in 1951-52. Land comprised in Khata No. 95, measuring 1037 bighas 1 biswa was recorded as Shamlat Deh Hasab Hissas Mudarza Shajra Nasab. During consolidation proceedings, this land was distributed amongst the share holders. Thereafter, a pro-rata cut was applied to the land holdings of the share holders, whereupon 523 bighas 13 biswas of land was reserved for common purposes of the village. Out of this, 261 bighas 17 biswas of land was reserved for charand. Upon conclusion of consolidation proceedings, the aforementioned land was reflected in the revenue record as the ownership of the Gram Panchayat. Pursuant to proceedings, initiated under the Land Acquisition Act, a part of the aforementioned land was acquired by the State of Punjab. Award with respect to the acquisition was pronounced on 27.3.1991.