East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 16(ii), Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Eviction proceedings - Mushtarka Malkan - Land in dispute recorded as Mushtarka Malkan i.e...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Jumla Mushtarka Malkan, land - Unauthorized occupants - Petitioners are in possession of land described as, Jumla Mushtarka Malkan, which was included in Shamilat Deh, by S.2(g)(6) of the 1961 Act - Held,..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Vesting of land in Gram Panchayat - Jurisdiction of Director Consolidation - Held, Director Consolidation has no jurisdiction to determine whether land in dispute vests or does not vest in Gram Panchayat much less on the ground that an excessive pro-rata cut was applied or that..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Consolidation proceedings - Revision - Delay of 35 years - Held, Director Consolidation has no jurisdiction to entertain and allow petition filed u/s.42 of the Act after a delay of more than three decades thereby unsettling proprietary positions settled for last more than three..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Vesting of land in Gram Panchayat - Jurisdiction of Collector - Held, only authority empowered to determine whether land vests or does not vest in a Gram Panchayat is a Collector exercising power u/s.11 of the 1961..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 16(ii), Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Mushtarka Malkan - Eviction proceedings - Land in dispute reserved during consolidation for..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 43A -- Correction of revenue record - Delay of 26 years - Held, perusal of S.42 reveals that State Govt. may "at any time" examine correctness of any scheme or order passed during consolidation - Expression "at any time" requires a person to approach Consolidation authorities within..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, East Punjab Utilisation of Lands Act, 1949 - - Lease of uncultivated land - Power of Collector - Held, 1949 Act merely empowers Collector to appropriate uncultivated land and lease it out for a limited period...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, East Punjab Utilisation of Lands Act, 1949 - - Misappropriation of land - Enquiry - State has finally woken up to a `fraud' whereby large parcel of land, leased out under the 1949 Act, has been misappropriated and sold with apparent connivance and collusion of officers of State -..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A -- Common purposes - Reservation of land - Presumption as to - Held, S.18 and 23-A of the Act place statutory duty on consolidation officer where there is no Shamilat Deh or Shamilat Deh in village is insufficient to apply pro rata cut on holdings of proprietors and reserve land..........
