Court : Supreme Court of India
Decided on : Apr-12-1994
Reported in : AIR1994SC2301; JT1994(3)SC203; (1994)108PLR206; 1994(2)SCALE557; (1994)3SCC544; 1994(1)LC678(SC)
..... authority while deciding a dispute of title between the persons claiming to be the owners and the gram panchayat in respect of shamlat deh under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 ('act', for short)? according to the averments, the appellants claim to have been cultivating the land as lessees which, land has been described in the revenue records as shamlat deh ..... .p.as. filed by them were also dismissed by the high court. since a common question arises, all these appeals are being disposed of together.4. the act provides for the compulsory consolidation of agricultural holdings and preventing the fragmentation of agricultural holdings in the state of punjab and for the assignment or reservation of land for common purposes of the village. under section 14 of the ..... act, the government may of its own accord agree or on application declare its intention to make a scheme for consolidation of holdings. section 16 lays down that the scheme prepared .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-06-1994
Reported in : (1995)109PLR414
..... village mohabbatpur, tehsil & district hissar. vide notification dated september 15, 1952, the village aforesaid was brought under consolidation as per the provisions of east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter to be mentioned as the 1948 act) and a scheme under the act was prepared in which, inter-alia, it was provided that joint khatas would be partitioned between the parties and ..... no partition of the joint khata. this led to the filing of representations and counter-representations by the co-owners and ultimately the director. consolidation exercising powers under section 42 of the 1948 act directed that joint khewat could not be partitioned without the consent of all share-holders. aggrieved, some of the co-owners filed civil writ ..... by the partition of a joint khata. the very idea of the consolidation act is that a landowner has small bits of land scattered all over the village, in lieu of all those scattered pieces he should be allotted after consolidation one plot so that the holding may be economical and easily manageable. at the same time the ..... an application for partition under the punjab land revenue act which remained pending for four years and when the mode of partition was settled and lots were also prepared, final partition was stayed because by notification dated september 15, 1952, the said village was brought under consolidation under 1948 act. a scheme was prepared under the act wherein it was provided that .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-15-1994
Reported in : AIR1994SC2550; JT1994(4)SC376; (1995)109PLR338; 1994(3)SCALE296; (1994)5SCC709; Supp1SCR693
..... s case (supra), the facts were that some land was owned by the gram panchayat which was used for common purposes. in a consolidation scheme of the village under the provisions of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, some further area was reserved for common purposes after applying cut on all the right holders on pro rata basis. the appellant contended ..... that as he was a small land-holder holding land within the ceiling limit and some land under his personal cultivation had also been taken under the consolidation scheme without payment ..... the two enactments would be void from the date of this decision.14. this judgment will not prevent the respondent-state governments from suitably amending section 192(1)(c) of the punjab municipal act and section 203(1)(c) of the haryana municipal act as the case may be, and making appropriate provisions in the statutes on the lines of the ..... in other states for making the town planning scheme such as the bombay town planning act, 1954.15. hence, while we hold that the provisions of section 192(1)(c) of the punjab municipal act, 1911 and of section 203(1)(c) of the haryana municipal act, 1973 being violative of article 14 of the constitution are void with effect from the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-18-1994
Reported in : (1994)106PLR650
..... , 1993. the director consolidation sent the matter to the consolidation officer, gurgaon for ascertaining the ..... separately carved out in the scheme of consolidation. respondent nos. 3 to 10 filed an application under section 42 of the east punjab holdings (consolidation & prevention of fragmentation) act, 1948 (here-in-after to be referred to as the act of 1948) before the director consolidation, haryana with a prayer that they may be provided passage to their holding. this petition was filed on february 3 ..... shaikh piru bux and ors. v. kalandi pati, a.i.r. 1970 s.c. 1885 and the director of consolidation of holdings, jalandhar and anr. v. johri mal karori mal, a.i.r. 1961 punjab 208.6. after hearing learned counsel for the parties and going through the records of the case, this court is of ..... entire state of affairs at the spot. in compliance with the directions issued by the director, consolidation, consolidation .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-28-1994
Reported in : 1995(1)ALT409; 220ITR425(AP)
..... final order for acquisition of the property. obviously, a tenant in possession, of whatever nature, has this opportunity.' in swaran singh vs . state of punjab : air1994sc2301 , a case arising under the east punjab holdings (consolidation & prevention of fragmentation) act (1948), the question whether tenants are entitled to be heard by the authorities while deciding a dispute of title between two rival claimants, fell for consideration. ..... counsel placed reliance : 'we may clarify that, as far as completed transactions are concerned, namely, where, after the order for compulsory purchase under s. 269ud of the it act was made and possession has been taken over, compensation was paid to the owner of the property and accepted without protest, we see no reason to upset those transactions ..... for the purpose of obtaining clearance certificate. at that stage, the appropriate authority passed the two impugned orders on 23rd sept., 1991, under s. 269ud(1) of the it act, 1961 for purchasing the premises in question, without issuing notice or affording an opportunity to the vendor, vendees and other persons interested. 3. the petitioner in writ petn. ..... passed without notice to them to appear becomes invalid.' having regard to the aforesaid precedents, we are inclined to hold that the tenants and the transferees are entitled to notice before an order is passed under s. 269ud(1) of the it act. 9. mr. s. r. ashok, learned standing counsel for the it department, relying on certain observations .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-25-1994
Reported in : AIR1994SC1334; JT1994(1)SC141; 1994(1)SCALE194; (1994)2SCC102; 1994(1)LC257(SC)
..... 1990 which required him to exercise powers of magistrate iii class and magistrate ii class, collector under punjab excise act, 1914, revisional power of stale government under section 42 of the east punjab consolidation of holdings and prevention of fragmentation act and under sections 114 and 115 of the haryana cooperation societies act, 1984.6. the petitioner further contends that on the recommendation of the academic council, vide resolutions ..... degree to be awarded shall bear an inscription to the effect that it was obtained as a non-collegiate student. regulation 35 could not hold the field unless it was consistent with the provisions of the act and the rules. that is why the proviso was required to be added to the regulation. but if the university had omitted to ..... soon as his eligibility for enrolment as an advocate was determined. since he received no communication he made enquiries and learnt from the assistant security of the bar council of punjab and haryana, respondent no. 2, that his case was referred to the bar council of india, respondent no, 1 and the decision was awaited from the latter. thereupon ..... service, executive branch. in due course he was promoted to the indian administrative service and was allotted the year 1979. the petitioner contends that while in service of the punjab and haryana governments he held a judicial office for more than ten years' and exercised quasi-judicial powers for over seven years while performing duties in different capacities. he .....Tag this Judgment!