RAM PHAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE herein is to orders dated 8.2.1995 Annexure P-5 and 6.6.1997 Annexure P-7 passed by Consolidation Officer, Karnal and Director Consolidation, Haryana respectively.

(2.) THE grouse of the petitioners is that the Director Consolidation as also Consolidation Officer have decided to partition the shamlat land in three villages, namely, Kairwali, Amritpur Khurd and Amritpur Kalan, District Karnal vide the impugned orders which is contrary to the provisions of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 as also Punjab Village Common Lands Act, 1961 as also to an earlier order dated 18.8.1970.

(3.) THE Director Consolidation while passing order Annexure P-7 observed that it was clear from the records that consolidation proceedings were started in the aforesaid villages on 17.8.1965 and the scheme was approved on 29.11.1996. As per scheme shamlat land was to be partitioned as per Wajib-Ul-Arz. This was modified when the scheme was approved. It was provided at Sr. No. 6 of the published scheme that shamlat land in the approved scheme at Sr. No. 6 had been purchased and the vendees had set up tube-well at the site and the total land purchased shall be provided alongwith the tube-well after deduction for common purposes. Some landowners who were aggrieved with the partition proceedings filed an appeal under section 42 which was decided on 18.8.1970 wherein the common petition of shamlat land of three villages was set aside. Some right-holders who were dissatisfied with the order dated 18.8.1970 also filed an appeal under section 42 and submitted that shamlat land should not be partitioned. However, the order dated 18.8.1970 was upheld. Thereafter some right-holders filed CWP 3143 of 1986 which was decided on 19.8.1987 wherein the order earlier upheld was set aside and it was directed that a new scheme of consolidation for the concerned villages be prepared in accordance with law and land be given to the right-holders as per Wazib-Ul-Arz. The relevant part of Wazib-Ul-Arz of 1906-07 as per which now the case was to proceed reads as follows :-