- (1.) This appeal by special leave is directed against the judgment and order of the High court of Punjab and Haryana at chandigarh in CWP No. 18310 of 1998. The appellants/petitioners claiming to be the proprietors and co-sharers in the shamlat Deh lands which comprised in three villages, namely Kairwali, Amritpur khurd and Amritpur Kalan impugned the consolidation Scheme in respect of shamlat Deh lands of the aforesaid three villages published on February 8, 1995. They also challenged the order of the Director of Consolidation, Haryana, in Case no. 148 of 1996 dated June 6, 1997 whereby he held that the aforesaid Scheme had been prepared in accordance with the direction of the High Court contained in its judgment dated August 10, 1987 and upheld by an order of the High Court dated november 16,1995. The High Court by its impugned judgment and order dismissed the writ petition and held the Consolidation scheme so published to be valid and in accordance with law.
(2.) Before we advert to the facts of the case, we may notice that in accordance with the provisions of the Punjab Village Common lands (Regulations) Act, 1961 the Shamlat lands except those which were affected by river action and some other specified categories vested in the Panchayat. The shamlat Deh was, therefore, by and large confined to the lands which were affected by river action after the year 1961. In view of the change of course of river Yamuna the lands were subjected to alluvion and delluvion and a provision was made in douie Land Records Manual to the effect that the lands which were recovered shall be maintained as Shamlat Deh of all the three villages i. e. the land which is recovered after the loss of any Khewat or recovered as excess area. The land owners and the occupancy tenants who had lost their land were held entitled to reclaim the recovered area for the purpose of cultivation and the land had to be distributed to them in proportion to the area which they had lost by reason of submersion of their lands with the change of course of the river. Necessary provision was made in the wajab-ul-Arz during the first settlement held sometime in 1906-1907 which provided as follows :- "The method of assessment in all the three paties is in equal shares and inside the paties it is in accordance with Hasab Rasad Zare khewat on the basis of the land revenue as assessed according to settlement of Mr. Douie. It has also been shown that whatever land is recovered from the village is mentioned as Shamlat of all the three villages. Whether it is recovered after the loss of any Khewat or is recovered as excess area. The landowners and the occupancy tenants who have lost their land are entitled to retain the recovered area and cultivate the same. At the time of partition the area in the shamlat which has been recovered will be given to only those land owners and occupancy tenants in the first instance in proportion to the area which they have lost since the settlement of Mr. Douie. Thereafter the excess area of the Shamlat will be distributed according to the rate of assessment of mr. Douie. "
(3.) In the instant appeal we are concerned only with such Shamlat Deh lands which were subject matter of Consolidation scheme framed in the year 1966. In this appeal we are not concerned with the Consolidation Scheme in respect of other lands of the villages in question which has attained finality and is not subject matter of challenge.;