G.D.KHOSLA, K.L.GOSAIN, D.K.MAHAJAN
Kishan Singh S/o Gurditta – Appellant
Versus
State Of Punjab – Respondent
G.D.Khosla, J.
1. In this case we are concerned with the vires of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) (Second Amendment Validation) Act, 1960. This is Punjab Act No. 27 of 1960. The Act was promulgated as the result of a Full Bench decision of this Court in Munsha Singh V/s. State of Punjab, (1960) 62 Pun LR 1: (AIR 1960 Punj 317).
2. The judgment of the Full Bench contains a resume of the statutes and rules dealing with the question of consolidation of holdings, and I shall presently refer to the more relevant features of this legislation. The facts of the present case are that a scheme for the consolidation of holdings in village Bhoot in district Jullundur was prepared. Out of the consolidated pool of proprietary land 20 acres of laud was allotted to the Gram Panchayat for the common purposes of the village. No compensation was, however, paid to the proprietors for this land, and it is alleged that the deprivation of the use and management of these 20 acres is an infringement of the fundamental right of the petitioners, Kishan Singh and Shrimati Ishri, who are two of the proprietors of village Bhoot. The substance of the contention ma
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