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2000 Supreme(P&H) 951

JAWAHAR LAL GUPTA, K.S.GAREWAL
Gram Panchayat, Nawan Killa – Appellant
Versus
Additional Director, Consolidation – Respondent


Advocates Appeared:
For the Petitioner:Mr. Baljinder Singh, Advocate.
For the Respondent No. 1: Mr. M.C. Berry, DAG, Punjab
For the Respondent Nos. 2 to 6:Mr. Kanwaljit Singh, Advocate.

JUDGMENT

Jawahar Lal Gupta, J. (Oral) - The Gram Panchayat is aggrieved by the order dated March 7, 1996 by which an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, filed by respondent Nos. 2 to 6 was allowed by the Additional Director, Consolidation of Holdings. It was held that during consolidation a pro-rata cut was imposed to provide land for use for common purposes. After the need for common purposes had been fulfilled, the remaining land was described as Jumla Malkan Wah Digar Hakdaran Arazi Hasab Rasad in the revenue record. It had to be distributed amongst the right-holders according to their respective shares. Consequently, directions were given that the Consolidation Officer shall hear all the interested persons and partition the land in accordance with law. In pursuance to these directions the Consolidation Officer passed the order dated April 30, 1997 by which different right-holders were allotted land according to their entitlement. The petitioner prays that the order dated March 7, 1996 passed by the Additional Director be set aside.

2. A written statement has been filed on behalf of respondent Nos. 2,












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