JOHRI MAL Vs. DIRECTOR OF CONSOLIDATION OF HOLDINGS PUNJAB

JUDGEMENT

(1.) This appeal is brought, by certificate, from the judgment of the Punjab High Court dated November 8, l96O in Letters Patent Appeal No. 284 of 1956.

(2.) For the consolidation of land holdings in village Kheowara, a scheme was prepared by the Consolidation Officer under S. 14 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948 (Act L of 1948) hereinafter called the 'Act' and the scheme was confirmed by the Settlement Officer acting under S. 20 of the Act. The scheme, among other things, provided that the owners of permanent ghers or enclosures will be permitted to retain them in their possession. One of the proprietors, Johrimal had made a gher in khasra No. 3942 and, under the scheme, this was to remain with him. Para 7 of the Scheme which was finalised under S. 20 of the Act provided as follows:

(3.) The Act was passed to provide for the compulsory consolidation of agricultural holdings and for preventing the fragmentation of agricultural holdings in the State of Punjab. Chapter III. of the Act deals with consolidation of holdings and it is provided by S. 14 that the Government may either suo motu, or on application made, declare its intention by notification to make a scheme for consolidation of holdings in an estate or estates or part thereof as may be specified. The Consolidation Officer is required to obtain the advice of the land owners and of the non-proprietors and of the Gram Panchayat and he is thereafter directed to prepare a Scheme for the consolidation of holdings. Section 15 requires the Consolidation Officer to provide for the payment of compensation to any owner who is allotted a holding of less market value than his original holding and for the recovery of compensation from any owner who is allotted a holding of greater market value than that of his original holding. Under S. l9, the Consolidation Officer shall cause to he published the draft scheme of consolidation, and within 30 days of such publication any person likely to be affected by such scheme may communicate in writing to the Consolidation Officer, any objection relating to it. The Consolidation Officer shall then consider the objections, if any and submit the scheme with such amendments as he may consider to be necessary together with his remarks on the objection to the Settlement Officer (Consolidation).The scheme as amended shall then be published. Section 20 provides that if no objections are received to the draft scheme, the Settlement Officer (Consolidation) shall confirm the scheme. If objections are received, then the Settlement Officer (Consolidation) may either confirm the scheme, with or without modifications, or refuse to confirm it. If the scheme is confirmed it should he published. Section 21 relates to repartition to be carried out by the Consolidation Officer in accordance with the scheme as confirmed under S. 20 and the boundaries of the holdings as demarcated are required to be shown on the shajra which shall be published in the prescribed manner the estate or estates concerned. Any person aggrieved by the repartition may file written objections before the Consolidation Officer who shall after hearing the appellant pass such order as he considers proper. An appeal is provided from the order of the Consolidation Officer to the Settlement Officer (Consolidation). A person aggrieved by the order of the Settlement Officer (Consolidation) may appeal to the State Government. Section 22 provides for the preparation of a new record-of-rights by the Consolidation Officer in accordance with the provisions contained in Ch. IV of the Punjab Land Revenue Act, 1887 for the area under consolidation, giving effect to the repartition. Section 23 deals with the rights to possession of new holdings. Section36 provides for the power to vary or revoke the scheme and reads as follows: