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1996 Supreme(P&H) 587

JAWAHAR LAL GUPTA, M.L.SINGHAL
Gram Panchayat – Appellant
Versus
Additional Director, Consolidation – Respondent


Judgment

M.L.Singhal, J.

1. Before the advent of Consolidation operations in Village Bhedpura, there was total land measuring 1194 Bighas 2 Biswas recorded as Shamlat Deh Hasab Rasad Ragha Khewat in the revenue record. This land was in the possession of the right holders of the village. During Consolidation operations, this land was distributed as per the shares of the right holders of the village and was included in the khatas of the right holders as reflected in the Naksha Hakdarwar. During Consolidation, with a view to fulfil the common purposes of the village, the Consolidation Authorities imposed a pro-rata cut on all the right holders of the village. Imposition of pro-rata cut on the right holders of the village for the common purposes of the village, is permissible under the provisions of Section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act,1948 (hereinafter referred to as the Act No. 50 of 1948) in the Scheme of Consolidation. According to Ujagar Singh and other right holders, after utilising the land for common purposes of the village in the wake of imposition of a pro-rata cut on the right holders, land was still left which is known as



















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