KURE SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Article 226 of the Constitution came up in the original instance before Harnam Singh J., sitting singly. Since the application sought to challenge the vires of Section 18, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 50 of 1948, the matter was referred by him to a Division Bench. A reference to the petition, shows that the vires of the Punjab Common Lands (Regulation) Act, 1 of 1954, was also challenged although Harna Singh J. did not make any reference to it in his order.

(2.) A scheme of consolidation in respect of the lands of village Halalpur was sanctioned by the Consolidation Officer. In pursuance of this scheme it was proposed that:

(3.) The Consolidation Officer purported to act under the provisions of Section 18 of Act 50 of 1948 and also under the provisions of Punjab Act 1 of 1954. This action of the Consolidation Officer was challenged on the ground that private property was being taken possession of without paying adequate compensation to the owners and the conversion of village proprietary land to the use of non-proprietors was a violation of Article 31 of the Constitution.