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Judgment Search Results Home > Cases Phrase: east punjab holdings consolidation and prevention of fragmentation act 1948 Year: 2011 Page 1 of about 12 results (0.048 seconds)

May 12 2011 (HC)

Chand Ram and ors. Vs. Lt. Governor of Delhi and ors.

Court : Delhi

Decided on : May-12-2011

..... in the petition require a lot of investigation of facts including into the records as to consolidation. it has been enquired from the counsel for the petitioners as to whether the remedy of a revision petition under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 would not be a proper remedy for making the grievances as made in the present writ ..... petition. it is felt that the financial commissioner in exercise of powers under section 42 of the act is better equipped to go into and answer the questions as ..... 40 years has not been concluded as yet. they further claim that they are still in possession of their pre- consolidation holdings. 2. the petitioners themselves have in the writ petition disclosed an earlier round of litigation relating to the consolidation proceedings in the village. one mr. sarup singh and others had filed w.p.(c) no.4144/1998. from ..... of 1972 having remained unimplemented. if the financial commissioner on examination of the records of consolidation finds that the consolidation in fact stood concluded and there is no merit in the averments of the petitioners, then the same would entail finality under section 24 of the act. moreover, if that be so, it will be seen that the scheme was under .....

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Mar 22 2011 (HC)

Kashmiri Lal Vs. Govt. of Nct of Delhi and Others

Court : Delhi

Decided on : Mar-22-2011

..... of the impugned order dated 9th november, 2010, we are not inclined to issue notice in the present appeal. consolidation proceedings in village burari started in the year 1970 and repartition under section 21(1) of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (act, for short) as extended to delhi was carried out in july-august, 1974. the repartition proceedings thereafter were ..... confirmed on 17th june, 1975 and objections were invited and resolution no. 26 dated 18th june, 1975 was passed. consolidation proceedings came to an end in june, 1982.4 ..... order dated 9th november, 2010 in which the learned single judge has referred to 1996 amendment to the rule 6(j)(i) of the delhi holdings (consolidation & prevention of fragmentation) rules, 1959 (rules for short). it is pointed out that in the present case, the said amendment was not applicable as the ..... . a total area of 5 bighas 17 biswas which was the pre- consolidation holding of smt. tara wanti and sh. ho ram. consolidation proceedings were initiated on 8th april, 1974 after the scheme was confirmed through resolution no. 14. during consolidation proceedings, new khasra nos. were givenand the holdings of each khata was also evaluated. khasra no. 122/5 (3-1 .....

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Feb 09 2011 (HC)

Sardar Singh Vs. Financial Commissioner Delhi and ors.

Court : Delhi

Decided on : Feb-09-2011

..... the digest?1. the petition impugns the order dated 13th december, 2007 of the financial commissioner dismissing the revision petition filed by the petitioner under section 42 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948. the petition came up before this court first on 14th january, 2008 when the petitioner made a statement that the petitioner, though in the writ petition has challenged ..... paper book, being his application dated 16 th september, 1996 for residential and industrial plot shows that the claim for residential plot was towards "east or north" and in the khasra forming the pre-consolidation holding. the counsel for the respondents 4 to 7 controverts. he on the contrary relies upon page 112/113 of the paper book being the demand ..... counsel for the respondents 4 to 7 has argued that the claim of the petitioner for residential plot was towards east side only and thus the question of the petitioner being now entitled to claim the residential plot in the pre-consolidation holding does not arise. on the contrary, the counsel for the petitioner with reference to page 69 of the ..... end records that the prayer of the petitioner for allotment of plot carved out of pre consolidation holding comprised in khasra nos.28/13 & 28/14 has been held by the consolidation officer to be belated since the proceedings under section 21(2) of the act already stood completed well before the receipt of the objection. the financial commissioner has thus confirmed .....

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Sep 05 2011 (HC)

Maru Ram and Others Vs. Randhir and Others

Court : Punjab and Haryana

Decided on : Sep-05-2011

..... entire proprietary bodies. mutation of entire shamlat land was sanctioned in favour of the gram panchayat. even bachat land was mutated in favour of gram panchayat. however, as per east punjab holdings (consolidation and prevention of fragmentation) act, 1948, and the rules framed thereunder, management and control of bachat land does not vest in gram panchayat. bachat land is a land which was left after utilising the land ..... for common purposes, as mentioned in consolidation scheme. the said land is normally recorded in the revenue record as jumla mushtarka malkan hasad rasad khewat. the same also describes the share .....

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Jul 25 2011 (HC)

Subhash Chand Aggarwal Vs. Union of India and Others

Court : Delhi

Decided on : Jul-25-2011

..... the constitution of india and also on the ground that it suffers from the vice of excessive delegation; is beyond the scope, sphere and does not conform to the east punjab holding (consolidation and prevention of fragmentation) act, 1948 (act, for short).2. the petitioner had entered into two separate agreements to sell for purchase of two industrial plots each measuring 6 biswas (about 300 square yards) in khasra ..... and consolidate the land of the land ..... act in question, as per the preamble, has been enacted for compulsory consolidation of agricultural holdings and for prevention of fragmentation of agricultural holdings. the second object and purpose is for assessment or reservation of land for common purposes of village. a closer scrutiny of the act would indicate that it provides for mode and manner in which consolidation proceedings are to be initiated, regulated and completed to prevent fragmentation .....

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Aug 24 2011 (HC)

Kapur Singh Son of Barkat Singh, Resident of Village Dera Meer Miran, ...

Court : Punjab and Haryana

Decided on : Aug-24-2011

Reported in : 2011(4)PunLR292; 2012(2)RCR(Civil)208

..... , drinking wells or ponds situated within the sabha area as defined in clause (mmm) of section 3 of the punjab gram panchayat act, 1952, excluding lands reserved for the common purposes of a village under section 18 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (east punjab act 50 of 1948), the management and control whereof vests in the state government under section 23-a of the aforesaid ..... act." it is evident, therefore, the property which is set apart as a school still is shamilat deh and read with rule ..... 3 to 19 for housing purposes through a resolution of the gram panchayat is not valid since the subject matter of such allotment is a property reserved in the consolidation scheme for establishing a school. the petitioner relies on the revenue entries made through the jamabandi for the year 1958- 59 that describes the property in favour no. ..... and it states that as per the scheme of the government, the lands were being allotted free of cost for use of residential purpose under rule 10(b) of the punjab village common lands (regulation) rules, 1964. the said rule reads as under: "10. land to be used free of charge. [section 15(2) (g)]-- the panchayat .....

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Sep 02 2011 (HC)

Sarup Singh and Others Vs. the Additional Director, Consolidation of H ...

Court : Punjab and Haryana

Decided on : Sep-02-2011

..... the benefit of the villagers was wrongly cast, then a challenge to such a scheme could still be possible. however, if a petition under section 42 east punjab holdings (consolidation and prevention of fragmentation) act of 1948 were to be filed stating that the property was wrongly reserved as 'common' when he should have been allowed to be retained in the names of the ..... several persons, who are the private respondents here, under section 42, against the repartition made under section 21(1) of the east punjab holdings (consolidation and prevention of fragmentation) act of 1948. 2. the contention of the petitioners therein before the consolidation authority was that the property had been entered in the village records as shamilat deh hasab rasad zar khewat and had vested ..... the ownership could not also be a point of adjudication before the consolidation officer especially after the coming into force of the punjab village common lands (regulation) act of 1961. the counsel would rely on the judgment of this court in gram panchayat, village kheri maian v. director, consolidation of holdings, punjab and others, 2005 (3)p.l.r. 276, that ..... held that the authorities under consolidation act have no jurisdiction to adjudicate an issue of the nature and ownership of land reserved for common purposes at the time of consolidation. the counsel would also rely on a judgment of .....

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Nov 17 2011 (HC)

Hardev Singh Vs. Director Land Record, Punjab and Others

Court : Punjab and Haryana

Decided on : Nov-17-2011

..... (annexure p/9) passed by respondent no.1 - director land records, punjab, jalandhar (exercising the powers under section 42 of the east punjab cwp no. 19352 of 2009 holdings (consolidation and prevention of fragmentation) act, 1948 (hereinafter referred to as the act), whereby the petition filed by the petitioner under section 42 of the act for correction of shares wrongly recorded in the revenue record showing the land ..... 2004(2) plr 603 that an application under section 42 of the act is to be filed within a reasonable time. the decision of this court in the matter of dalbra singhs case ..... (supra), wherein an application/petition filed after a long period for providing path has been held to be not maintainable and the order passed by the additional director, consolidation of holdings, granting such relief after a long time, without any reasonable explanation, was set aside and it was held that the application was not maintainable being time barred. 5 ..... jurisdiction under section 42 of the act, but it has been held by the apex court in the matter of gram panchayat, kakran vs. additional director of consolidation reported in 1997(8) scc 484, and also held by this court in the matter of dalbara singh and others vs. the additional director, consolidation of holdings, punjab, jullunder and another, reported in .....

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Aug 10 2011 (HC)

Sh. Dhani Ram (Decd.) Vs. Govt. of Nct of Delhi and ors.

Court : Delhi

Decided on : Aug-10-2011

..... each case by the name of the original petitioner irrespective of the legal heirs having been substituted. 2. the genesis of the dispute is the scheme for consolidation under the provisions of the east punjab holdings (consolidation & prevention of fragmentation) act, 1948 (consolidation act) finalized on 14th may, 1973 with respect to village khera khurd, delhi. shri ram saroop (petitioner in wp(c) no. 523/2009) was the ..... owner of pre-consolidation khasra no. 928/1 in the said village. four residential plots were carved out of the said khasra (they were given numbers 544, 546, 547 ..... that he had already been allotted residential plots no. 546 and 547 in lieu of his original demand of 2 bighas. reference was also made to the delhi holdings (consolidation and prevention of fragmentation) (amendment) rules, 1996 providing that the maximum size of residential plot which can be allotted to a person is limited to the extent of 2 bighas 8 ..... bighas; that shri ram saroop needed additional area on account of large family and was entitled to plots no. 548 and 544 which were carved out of his pre-consolidation holdings (khasra no. 928/1) and were in proximity to plots no. 546 and 547 already allotted to him. it was also held that shri dhani ram and .....

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May 05 2011 (HC)

Sanjay Vs. Financial Commissioner, Delhi and ors.

Court : Delhi

Decided on : May-05-2011

..... was advised to approach the competent court/forum for redressal of his grievances if any. 4. thereafter the petitioner preferred a revision petition under section 42 of east punjab holdings (consolidation & prevention of fragmentation) act, 1948 to the financial commissioner for the relief of making up of the deficiency aforesaid. 5. the financial commissioner has vide order dated 9 th november, 2010 impugned ..... in this petition dismissed the said revision petition holding that under section 21(2) of the act any person aggrieved by re-partition is required to make objections within ..... law that there is no limitation for applying under section 42 of the act. reliance in this regard is placed on gram panchayat shitabgarh v. the director, consolidation of holdings, punjab 1992(2) all india land laws reporter 220 and on chhota singh v. addl. director, consolidation of holdings, punjab 1991(2) all india land laws reporter 567. 7. it is not ..... 13. the power of the financial commissioner under section 42 of the act undoubtedly is wide and uninhibited from any limitation. reference in this regard may be made to the division bench judgment of the punjab high court in bhagat singh v. additional director, consolidation of holdings punjab 1966 plr 496 expressly laying down that the section no where says .....

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