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2017 Supreme(P&H) 1362

AJAY KUMAR MITTAL, AMIT RAWAL
Nirmal Singh – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioners:Mr. G.S. Nagra, Advocate

JUDGMENT :

Ajay Kumar Mittal, J.

1. Prayer in this petition is for striking down the amendment inserted by way of Section 42-A in the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 2007 (in short, “the 2007 Act”) vide Punjab Act No.6 of 2007, being illegal, arbitrary, unconstitutional and hit by Articles 13, 14, 16, 19, 21 and 31-A of the Constitution of India. Further direction has been sought for striking down the definition of ‘common purpose’ as interpreted in the objects of the amendment without amending the definition of common purpose given in the Act.

2. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioners are the residents of Village Lutera Kalan, Tehsil and District Jalandhar. There is 750 acres of land in this Village. Mustarka malkan land is 1592 kanals 8 marlas and out of that, 183 kanals 19 marlas is cultivable land as per jamabandi for the year 2012-13. There is gair mumkin choe (seasonal nala) having ban on both sides. Some proprietors have also land within this choe. The Gram Panchayat filed petition under Sections 4 and 5 of the Punjab Public Premises and Land (Evictio





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