- (1.) THE challenge in the present writ petition is to an order passed by Director, Consolidation of Holdings, Punjab (for short, 'Director Consolidation') exercising powers of Government under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (for short, 'the Act') on 29.8.1996.
(2.) RESPONDENTS No.2 to 19 invoked the jurisdiction of the State Government under Section 42 of the Act challenging mutation dated 20.10.1956, whereby, land measuring 444 bighas, 14 biswas was mutated in favour of Panchayat. It is specifically pleaded that prior to consolidation the land was 'Shamlat Deh Hasab Rasad Raqba Khewat' and, thus, petitioners before the State Government claimed that the land is owned by the proprietors and therefore, mutation is illegal. The prayer was that area measuring 192 kanals 1 marla of Khewat No.52 be distributed amongst the right holders after amending the scheme. The Panchayat contested the petition and asserted that no change in the ownership of land can be made after issuance of notification of consolidation.
(3.) LEARNED Director Consolidation allowed such petition for the reason that all the applicants were not heard at the time of consolidation and that land cannot be reserved for income of Gram Panchayat. Thus after accepting the petition, the matter was remanded to the Consolidation Officer for distribution of the land amongst the right holders after meeting the requirements of common purposes. The Full Bench of this Court in CWP No.2318 of 2002 - Parkash Singh and others vs. Joint Development Commissioner Punjab and others decided on 08.11.2013, has held that Director Consolidation has no right to amend the scheme in respect of the land which vests in the Panchayat. It has been held that the Director Consolidation cannot decide the questions of title when the question arises is as to the land vests in Panchyat or not. It has been held to the following effect: - We, therefore, hold that: - (a) Consolidation authorities, are tribunals of limited jurisdiction; (b) Consolidation authorities exercise powers of revenue officers, under the 1887 Act, a power to record and update fiscal entries and prepare record of rights; (c) but are not empowered to decide a question of title or vest/divest a party of its title; (d) the only authority empowered to determine a question, whether the land is Shamilat Deh , between a Gram Panchayat and a private individual was the Civil Court but after enactment of Sections 11, 13 and 13 -A of the 1961 Act, the Collector and; (e) if the land is Jumla Mushtarka Malkan , an appropriate forum.;