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1958 Supreme(P&H) 109

G.D.KHOSLA, S.S.DULAT, A.N.GROVER
General S. Shivdev Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

A.N.Grover, J.

1. The question for determination is whether the State Government could by notification dated 12-2-1958 delegate its powers which it exercises under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, to the Additional Director Consolidation with effect from a prior date, namely, 17-6-1957.

2. The facts are not in dispute. The proceedings relating to consolidation of holdings started in village Amlasinghwala, District Sangrur, on 25-11-1954 under the Pepsu Holdings (Consolidation and Prevention of Fragmentation) Act, 2007 Bk. (which will be referred to as the Pepsu Consolidation Act). On 17-4-1955 a draft scheme was published. The tenants raised certain objections which were dismissed, and the scheme was duly confirmed. The holdings were repartitioned according to the provisions of the scheme. The Boundaries were demarcated on the shajra which was published on 19-9-1955 and possession of the new holdings was transferred to the petitioners in June 1956. A notice had been published on 19-9-1955 by which objections were invited against the repartition. On 26-9-1955 the tenants filed their objections which were dismis



































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