JUDGEMENT
-
(1.) This petition under Section 12 of the Contempt of Courts Act,
1971 read with Article 215 of the Constitution of India has been filed for
taking action against the respondents, who allegedly disobeyed the
interim order dated 24
th
July, 1992 passed by this Court in Civil Writ
Petition No.6122 of 1992.
(2.) The brief facts emerging out of this petition and which are
necessary for disposal of this case are that land measuring 181 Bighas 3
Biswas of village Sheikhupura was acquired vide award dated 27
th
March, 1991 passed by the Special Land Acquisition Collector, Jalandhar
for a total amount of compensation of Rs.25,36,354.17. As per the
revenue record, the above said land was reserved for Charand and was
vesting in the Gram Panchayat.
(3.) It is a matter of record that the petitioners along with Harmel
Singh son of Jora Singh etc. filed a petition under Section 42 of the East
Punjab Holdings (Consolidation and Prevention of Fragmentation) Act,
1948 (hereinafter referred to as, 'the Consolidation Act') stating that the
aforesaid land was reserved for Charand against the provisions of law as
the same was in excess of the area which was to be left for the said
purpose as per the appendix attached with the Act and since the land
was reserved after making a cut from the right-holders, the same was
mutated wrongly in the name of Nagar Panchayat and the same was to
be treated as 'Jumla Mustarka Malkan Hasab Rasad Raqba Khewat',
which was to be distributed amongst the right-holders of the village.
However, the said petition was contested by the Gram Panchayat on the
ground that the land in question could not be distributed as the same was
vested rightly in the Panchayat being Shamlat land. The Director, Land
Records, Punjab exercising powers under Section 42 of the
Consolidation Act vide order dated 7
th
April, 1992 allowed the said
petition holding that the aforesaid land be re-distributed to the petitioners
after reserving an area of 2 acres or 4 acres for Charand as per law.
The said order was challenged by the Gram Panchayat of
village Sheikhupura by filing Civil Writ Petition No.6122 of 1992.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.