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SURESHWAR THAKUR, LALIT BATRA
Gram Panchayat Ubhawal – Appellant
Versus
Director Consolidation of Holding Punjab – Respondent
JUDGMENT
Mr. Sureshwar Thakur, J. (Oral)
Sukhdev Singh and Gurmel Singh sons of Chhota Singh @ Gurbachan Singh, residents of village Ubhawal, Tehsil and District Sangrur, instituted against Gram Panchayat village Ubhawal, Tehsil and District Sangrur, through its Sarpanch, a petition bearing Missal No.134 of 1994 before the Additional Director, Consolidation of Holdings, Punjab, Mohali. The said Missal was constituted under the provisions of Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter in short referred to as 'the Act of 1948').
2. Through the said petition, the petitioners therein claimed, that on the fields of the site concerned, there was a physical shortfall of 1 kanal, thus, from the khatoni pamaish or khatoni istemal as became prepared by the Consolidation Officer concerned. Resultantly, since there was an inter se discrepancy inter se the physical measurements made in respect of the disputed lands, rather with reflections made in the above documents, as such, the said physical deficiency was asked to be cured through measurements becoming carried out, at the instance of an empowered reviewing officer concerned. Th
The authority under the East Punjab Holdings Act can only rectify clerical errors, and claims of encroachment require valid demarcation to be legally upheld.
The court established that disputes over land entitlements post-consolidation must be resolved in civil court, not through administrative corrections under the Consolidation Act.
Disputes related to land entitlements and mis-allotments should be settled in a civil suit, not under Section 42 of the Act of 1948.
The jurisdiction under Section 42 of the Consolidation of Holdings Act is limited to correcting clerical errors and cannot be used to alter finalized consolidation schemes or adjudicate disputed titl....
Jurisdiction under Section 42 of the Act is limited to clerical corrections and cannot alter finalized consolidation schemes or adjudicate disputed titles.
The court upheld the Director's order correcting clerical errors in land records, affirming the lawful consolidation process under the East Punjab Holdings Act, despite ownership disputes.
The Collector lacks jurisdiction to alter land mutations based on overruled amendments; disputes over land rights must be resolved through civil suits.
The jurisdiction under Section 42 of the East Punjab Holdings Act is limited to clerical corrections and does not extend to adjudicating title disputes over shamlat deh lands.
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