- (1.) Issue concerns the interpretation of the proviso to Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948, as applicable in Delhi. Hereinafter it would be referred to as 'The Act'. The Section reads as under:- "42. Power of Chief Commissioner to call for proceedings The Chief Commissioner may at any time for the purpose of satisfying itself as to the legality or propriety of any order passed, scheme prepared or confirmed or repartition made by any officer under this Act, call for and examine the record of any case pending before or disposed of by such officer and may pass such order in reference thereto as it thinks fit: Provided that no order or scheme or repartition shall be varied or reversed without giving the parties interested notice to appear and opportunity to be heard except in cases where the State Government is satisfied that the proceedings have been vitiated by unlawful consideration."
(2.) As per the scheme of the Act, consolidation of land holdings commences when a notification is issued under Section 14(1) of the Act followed by the Constitution of an Advisory Committee having representatives of the stakeholders i.e. land holders. A scheme of consolidation has to be prepared by first publishing a draft scheme and inviting objections thereto from the land holders. The objections have to be decided. A final scheme for consolidation has to be notified. Thereafter, in terms of the notified scheme for consolidation, the consolidation of holdings has to be given effect to. A Consolidation Officer functions as the Nodal Officer. A Settlement Officer supervises.
(3.) On August 01, 1988, a notification under Section 14(1) of the Act was issued initiating consolidation proceedings in village Singhola and on April 13, 1989 a Consolidation Officer was appointed when a notification under Section 14(2) of the Act was issued. On May 25, 1989 an Advisory Committee was constituted. On March 21, 1990 the notification initiating the consolidation proceedings was annulled. On August 24, 1990 fresh notification was issued to initiate consolidation proceedings in village Singhola. On June 10, 1992 the scheme for consolidation was announced. On March 19, 1993 a declaration was issued under Section 4 of the Land Acquisition Act, 1894 to acquire, for the plan development of Delhi, certain lands in the revenue estate of village Singhola and these lands were the ones proposed under the consolidation scheme to extend the village abadi. On April 28, 1993 a memorandum was issued that in view of the proposed acquisition of the land in the southern direction of the village, which as per the scheme of consolidation was to be used to extend the abadi of the village, requiring the village abadi to be extended in the northern direction. Such land holders who had made demands for allotment of residential plots in the extended village abadi were requested to re-submit their demands for residential plots in the northern direction so that the scheme for consolidation could be amended. On May 25, 1993 the scheme for consolidation was revised and objections invited. The final scheme for consolidation was confirmed on July 14, 1993 by the Settlement Officer. Thus, the Consolidation Officer was in a position to effect re-partition. The scheme for re-partition was challenged in a writ petition in this Court but since the scheme was revoked the writ petition was withdrawn.;