S GURDIAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In these 3 writ petitions (Nos. 913, 915 and 1061 of 1966) a common point of law was raised namely, that Section 14(1) of the East Punjab Holdings, (Consolidation and Prevention of Fragmentation) Act, 1948, hereinafter referred to as the Act, was ultra vires the Constitution and for this reason the three petitions were ordered to be heard by a Full Bench Section 14(1) runs as follows:

(2.) After a notification is issued under Sub-section (1), a Consolidation Officer is appointed under Sub-section (2) who after obtaining the advice of the landlords of the estate or estates concerned and the Gram Panchayat etc., has to prepare a scheme for the consolidation of holding in such estate or estate.

(3.) The contention in all these three writ petitions was that in the three estates concerned there was in fact, no fragmentation in existence, and consequently there was no need for any consolidation and that by issuing the notification without giving an opportunity to the rightholders to be heard, to enable them to convince the State Government that in fact there was no such need for consolidation the fundamental rights of property of the right-holders were violated and for that reason the provision was ultra vires the Constitution.