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Judgment Search Results Home > Cases Phrase: east punjab holdings consolidation and prevention of fragmentation act 1948 Year: 1993 Page 1 of about 9 results (0.056 seconds)

Aug 23 1993 (HC)

Bhag Mal and ors. Vs. Raju and ors.

Court : Punjab and Haryana

Decided on : Aug-23-1993

Reported in : (1993)104PLR723

..... 30, 1975. it reads as under : -'shri raju s/o mehru resident of village khera, tehsil bhiwani khera, district bhiwani has filed this petition under section 42 of the east punjab holdings consolidation and prevention of fragmentation) act, 1948. his prayer was for the adjustment of the area between the two brothers.2. the notice was served to the parties and they have appeared today with the request ..... land was allotted to lalji at the first major portion. aggrieved by this, it appears that the respondent raju filed a petition under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter referred to as 'the act') on june 18, 1975. it further appears that he filed another petition under section 42 on august 18, 1975 notice of the petitioner dated june 18 ..... the imprimatur of even the apex court. in harbhajan singh v. karam singh, a. i. r. 1966 s. c. 641. it was held that-'there is no provision in the east punjab holdings (consolidation and prevention of fragmentation) act granting express power of review to the state government with regard to an order made under section 42 of the .....

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Oct 05 1993 (HC)

Mehar DIn Vs. the State of Haryana and anr.

Court : Punjab and Haryana

Decided on : Oct-05-1993

Reported in : (1994)106PLR184

..... the land was purchased by respondent no. 2 from baru ram, he filed application under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (here-in-after referred to as the act of 1948). so, the matter came up for adjudication before the deputy director, consolidation, haryana, who passed the impugned order, annexure p-5. it is pleaded and so argued by learned o counsel ..... appearing for the petitioner that order, annexure p5, is illegal and the consolidation proceedings in the village had been completed ..... p-3, jamabandi for the year 1986-87. no path was given to his vendor even during the consolidation proceedings. it is in these circumstances that he had no choice but for to make an application under section 42 of the act, 1948 for getting path to go to his land.4. after hearing learned counsel for the parties and going through ..... the records of the case, i am of the considered view that the points raised by learned counsel for the petitioner have no merit and, therefore, this writ must fail. the director, consolidation in the impugned order .....

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Jul 07 1993 (HC)

Lt. Col Raghbir Singh (Retd.) and ors. Vs. Kulbir Singh Brar and ors.

Court : Punjab and Haryana

Decided on : Jul-07-1993

Reported in : (1993)104PLR356

..... 10 k. 9 m. came to the share of the respondents. respondents, on 30.4.1981, made an application under section 42 of the east punjab holdings (consolidation and prevention of fragmentation act, 1948 (hereinafter referred to as the act) to the additional director, consolidation of holdings, punjab. this was followed by second application dated 8.9.1981 in these applications, a grievance was made by the respondents that major portion of ..... the petitioners shows that what was sold was not a specific or particular piece of land but was a share in the entire holding. petitioners were entitled to land on the road according to their share but on consolidation, they got the entire land allotted to them on the road side whereas land allotted to the respondent was on the back ..... according to the scheme. on return from the army, he moved an application for restoration of the possession. the additional director, consolidation, after hearing both the parties, condoned the delay in filing application under section 42 of the act and necessary relief as prayed for was given. the respondents were given 25 karams from kotkapura on the northern side and the ..... any of the authorities passed under the act. the word 'order' as used in rule 18 was interpreted and it was held that the preparation or confirmation of a scheme and the repartition carried out would not fall within the scope of the word 'order.' the supreme court in gram panchayat v. director, consolidation of holdings, 1989 (4) j.t. 357. approved .....

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Sep 21 1993 (HC)

Tellu Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Sep-21-1993

Reported in : (1993)105PLR41

..... (here-in-after referred to as the act of 1948) in accordance with the scheme. the ..... possession were exchanged in the same year and thus the repartition became final. records of rights were prepared under section 22 of the act. it is pleaded that there ..... consolidation of holdings as also consolidation officer, dated november 28,1985 and may 15, 1986 respectively.2. the facts of the case reveal that the proceedings of consolidation of holdings were carried out and completed in village ramgarh chanan in the year 1952-53. the consolidation officer carried out repartition proceedings under section 21(1) of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 ..... . respondents no. 3 and 4 however, years and years thereafter in the year 1985 filed an application under section 42 of the act of 1948 before the director, consolidation of holdings. it is specifically pleaded in para 6 of the petition that in the application aforesaid the director did not issue any notice to .....

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Jan 20 1993 (HC)

Jasmer Singh and ors. Vs. Additional Director, Consolidation of Holdin ...

Court : Punjab and Haryana

Decided on : Jan-20-1993

Reported in : (1993)105PLR218

..... the year 1951. no path was provided to the lands of respondents no. 2 to 5. respondents filed an application under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter referred to as the act) on 7.1.1980 for providing three karams vide passage in khasra no. 490 which belonged to the petitioner. after notices, vide the impugned ..... order annexure p-3, additional director consolidation of holdings, haryana, allowed the application under section 42 of the act holding saying that no path was left in the scheme during consolidation ..... that is (i) that the additional director of consolidation of holdings has condoned the delay after a lapse of more than 30 years on extraneous considerations and that there was no plea for condonation of delay in the application; that rule 18 of the rules framed under the act was mandatory in nature and the application should have been ..... there was no written prayer for the condonation of delay in filing of the application but explained the same during the course of arguments before the additional director consolidation of holdings. it was further averred that passage was sanctioned to carry out the agricultural operations in the lands of the respondents and without the passage the land belonging .....

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Sep 27 1993 (HC)

Birda Ram Vs. Smt. Atri and ors.

Court : Punjab and Haryana

Decided on : Sep-27-1993

Reported in : (1994)106PLR392

..... judgments of both the courts below.7. learned counsel for the appellant has argued that the order dated 20.12.1985 passed by director consolidation under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, hereinafter referred to as the act, was null and void being without jurisdiction for the reasons.(i) that the suit land through which the path has been allotted to the ..... of respondents no. 1 to 8 was provided with a path to his kurrah and once a path is provided during consolidation proceedings, whether convenient or not, the director consolidation of holdings had no jurisdiction under section 42 of the act to provide an addition path. he could, no-doubt, change the path when the scheme was prepared. in any case, it could ..... was not shown in possession of the said land in the revenue record, there was no occassion for the director consolidation of holdings to serve a notice in writing on the plaintiff with regard to the proceedings under section 42 of the act nor the plaintiff was entitled to any opportunity of being heard. similar view was taken by a single bench ..... sometimes and now after a lapse of 25 years, the director consolidation had no jurisdiction to entertain such an application under section 12 of the act, it being hopelessly time barred; that during consolidation proceedings defendants no. 1 to 16 had been allotted a passage towards the northern side of their holdings and the said passage was still in existence; and that on .....

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Jul 30 1993 (HC)

Ramesh Vs. Commissioner, Ambala Division and ors.

Court : Punjab and Haryana

Decided on : Jul-30-1993

Reported in : (1993)105PLR290

..... the lease. it was further found that the land was reserved for the income of the gram panchayat under section 23-a of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 read with rule 16(2) of the east punjab holdings (consolidation and prevention of fragmentation) rules and it remained under the management and control of the gram panchayat. the gram panchayat had been leasing out the land in ..... possession on the expiry of the lease and also did not pay the arrears of rent necessitating the initiation of proceedings under section 7(1)(2) of the punjab village common lands (regulations) act, 1961, against him. the application was rejected by the assistant collector i grade, naraingarh, vide order dated april 16, 1991, on the ground that the ..... under articles 226/227 of the constitution of india.2. two applications under sections 5 and 7 of the haryana public premises and land (eviction and rent recovery) act, 1972 (for short, the act) were filed by gram panchayat, ambli and the state of haryana, through the medical officer, health centre, ambli, tehsil naraingarh, against the petitioner. it was ..... pleaded therein that the disputed land was reserved for the income of the gram panchayat during consolidation. the gram panchayat gifted the land to the state of haryana for the .....

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Jan 12 1993 (HC)

Nasib Kaur Vs. the Additional Director Consolidation and Holdings Punj ...

Court : Punjab and Haryana

Decided on : Jan-12-1993

Reported in : (1993)104PLR166

..... service or for any other sufficient ground for non-appearance. merits of the case are not to be gone into. even there being no specific provision in the east punjab holdings (consolidation and prevention of fragmentation) act the provision and principal of code of civil procedure relating of setting aside of exparte proceedings would be applicable.4. for the reasons recorded above, this writ petition ..... certain area from her and allotting other area.2. this petition was contested by respondent no. 2 pritam singh in whose favour order was passed by the additional director, consolidation and holdings, punjab. it is alleged that nasib kaur was duly served in the proceedings pending before the additional director.3. we sent for the record, which has been produced. after ..... was never served with any notice of the proceedings pending before the additional director, consolidation and holdings, punjab and that is why she had applied for setting aside the order proceedings ex parte against her. a copy of this application is annexure p-3. earlier, additional ..... writ petition has been filed by nasib kaur against order dated july 10, 1991 vide which application filed by the petitioner was dismissed by additional director, consolidation & holdings punjab at jalandhar respondent no. 1 holding that be had no jurisdiction to review the ex parte order passed in the proceedings on 20-11-1990. the case of the petitioner is that she .....

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Jan 14 1993 (SC)

Union of India and Others Vs. Hindustan Development Corpn. and Others

Court : Supreme Court of India

Decided on : Jan-14-1993

Reported in : AIR1994SC980; JT1993(1)SC94; 1993(1)SCALE56; (1993)1SCC467

..... extraneous considerations. after a careful examination of the entire record and facts and circumstances of the case we are of the view that all the railway authorities including the minister acted in a bonafide manner in taking the stand that the three manufacturers formed a cartel.2) the current contract price based on the updated price is rs. 79,305/-. the .....

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May 25 1993 (HC)

Kikki Farms (P) Ltd. and anr. Vs. Additional District Magistrate and o ...

Court : Delhi

Decided on : May-25-1993

Reported in : 51(1993)DLT1; 1993(26)DRJ361

..... into consideration not only the question of acquisition but even other aspects like violation of section 33 of the land reforms act and violation of the provisions of the east punjab consolidation and prevention of fragmentation act. learned counsel submitted that unless the status report is obtained, the sale deed could not be registered. he further ..... prevalent in the state of uttar pradesh. as far as delhi is concerned, there is no provision like section 47a of the stamp act as applicable in punjab. the reason given by the respondent for fixing the minimum land rate is far from satisfactory. learned counsel for the respondents submitted ..... under-valuation then the prosecution would protect .the government against the attempted fraud. as the registrar has been give no power under the act to hold an enquiry to find out about the market value, the value must be mentioned in the document itself, it is for this reason that ..... land on the basis of their situation or location for purposes of registration of instruments relating to transferring of any property, the high court of punjab & haryana held that every executive action if it is to operate to (the prejudice of any person must be supported by some legislative authority ..... section 27 of the act requires that facts and other circumstances must be fully and truly set forth therein. a further safeguard is .....

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