SURAJ PARKASH KAPUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These seven petitions (Civil Writ Nos. 341, 382, 385, 403, 417 and 418 of 1955 and 18 of 1956) have been referred to this Bench for decision of a question which is common to all of them. It is unnecessary to discuss the facts of each case separately and it is sufficient to give the facts of one case only to bring out the circumstances in which the question involved in all these cases has arisen. These facts are taken from Civil Writ No. 385 of 1955.

(2.) Suraj Parkash as karta of a joint Hindu family consisting of himself and others was allotted standard acres and 9 units of Grade 'A' land on the 3rd of March 1950 in lieu of the land left by the family in the district of Gujranwala. The allotted land is situated in Pati Kankra, Shahabad Estate in Tehsil Thanser. These units were valued as equal to 123 Standard kanals and 18 standard marlas of 'A' Grade land at the spot and possession of this area was given to the petitioning family. The family has been in possession of this area since then and it is alleged that some improvements have been made therein. By notification dated the 28th of July 1954 this estate was notified for consolidation of holdings under section 14 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation Act, 1 of 1948. The Consolidation Officer got a draft scheme published on the 30th of April 1955 under section 19(1) of the Act. Under this draft scheme the family was given 84 standard kanals consisting of 50 standard kanals 7 standard marlas of 'A' Grade land and 34 standard kanals and 1 standard marla of 'B' or 2nd Grade land. These areas were split up into two blocks. The petitioner filed objections to this draft scheme, but these objections were rejected by the Consolidation Officer and the Settlement, Commissioner confirmed the scheme under section 20 (3) of the Consolidation Act by his order dated the 6th of August 1955. In the meanwhile the Central Legislature enacted the Displaced Persons (Compensation and Rehabilitation) Act 44 of 1954. This Act came into force in October 1954 i.e. after the estate had been notified for consolidation of holdings.

(3.) Under section 12 of the 1954 Act, the Central Government acquired all evacuee properties by notification dated the 24th of March 1955 and then the Central Government conferred proprietary rights in the lands which had been allotted to the petitioner in 1950 under the Administration of Evacuee Property Act. The rights were conferred on the 23rd of February 1956. The result of all these proceedings is that while the petitioner was allotted 123 kanals 18 marlas of 'A' Grade land on quasi permanent basis by the Custodian and the Central Government has made him the owner of this area, the consolidation proceedings have given him only about 50 kanals of 'A' Grade land and about 30 kanals of 'B' Grade land.