- (1.) Petitioners as well as respondent Nos. 2 to 4 are right-holders of village Kansal, District Ropar. Respondent No. 2, Lal Gir (since dead) moved an application before the Additional Director, Consolidation, Punjab under section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter called the 'Act') claiming that he had been given some area in Rectangle No. 125, but he could not be put into possession of a part of that Khasra number because by that time repartition had taken place and Public Health Department had sunk a tubewell therein. Vide order dated 31.3.1976, the then Additional Director, Consolidation of Holdings withdrew the area under the tubewell from the petitioner and gave him equivalent area in Villa No. 122/9. However, respondent No. 2 had to approach the Additional Director again on 26.2.1978 on the ground that the area allotted to him by the then Additional Director vide order dated 31.3.1976 stood already acquired for the Harijans for Abadi purposes and, therefore, alternative land in lieu of land and killa No. 122/9 might be allotted to him. The Additional Director, Consolidation of Holdings vide order dated 10.10.1978 allotted alternative land in lieu of the land which was allotted to him in Villa No. 122/9. Copy of the order has been attached as Annexure P/1 with this petition. It may be observed that the area which was allotted to respondent No. 2 vide order dated 31.3.1976 measurement 1 kanal and 9 marlas, which when converted into standard Annas valued 0.15 Annas. However, while passing the order dated 10.10.1978 the Additional Director allotted 1 kanal 9 marlas (ordinary) though as per the valuation fixed during the consolidation, the area then being allotted was less in value. The Additional Director observed in his order dated 10.10.1978 as under: "But because of the changed circumstances its value has certainly gone very high although it has not been mentioned in record. So far, therefore, the value mentioned in the record cannot be taken as the basis for allotment of the area, so the petitioner would be allotted equivalent ordinary, area in lieu of the area in killa was 125/23/2/1 and 23/1/1 measuring 1-9 kanal only which was excluded from him vide my predecessor orders dated 31.3.1979. Hence I accept the petition and order the following changes."
(2.) From the above it is evident that the Additional Director was conscious of the fact that lesser area in value was being given to respondent No. 2. However, he took this fact into consideration that since the time the consolidation took place, the value of the land had increased at the time of passing the order.
(3.) Respondent No. 2 not being satisfied with the order of the Additional Director dated 10-10-1978 filed a writ petition in this Court (C.W.P. No. 3161 of 1979) which was dismissed in limine on 7.9.1979 by a Division Bench by passing the following order: "We are unable to interfere with the order of the Additional Director, Consolidation of Holdings, Punjab with regard to the finding of fact concerning the valuation of the particular field and khasra numbers. Dismissed".;