East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Relief claimed of correction of Aks Shajra as road wrongly indicated in consolidation record against alignment at the site - Cannot be allowed under Section 42 - State Government competent to look into legality or propriety of order passed, scheme prepared or confirmed or..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 -- Application under Section 42 filed in 1971 challenging correctness of Aks Shajra prepared in 1952 - Clearly time-barred - Delay not condoned - Application under Section 42 liable to be dismissed as time-barred - East Punjab Holdings (Consolidation and Prevention of Fragmentation)..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Locus standi to file petition under Section 42 - Petitioner having joint Khata with his father - Some changes made in Kurrah of father - Petitioner being a joint Khewatdar with his father also adversely affected with change in Kurrah - Entitled to file petition under Section 42 -..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 22, Punjab Land Revenue Act, 1887, Section 13, 16, 32 -- Scope of - Consolidation Officer after completion of consolidation proceedings to get new record-of-rights prepared giving effect to repartition - Correction of Khasra Girdawari allowed by Assistant Consolidation Officer..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 -- Clog of limitation - Applicable only to orders passed under the Act - Section 42 mentions within correcting ambit of State Government : (i) Scheme, (ii) Repartition, (iii) Orders - Three..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, Civil Procedure Code, 1908, Section 11 -- Earlier petition under Section 42 withdrawn and subsequent petition under Section 42 on the same cause of action - Bar of res judicata - Strict principles of Civil Procedure Code - Not applicable to proceedings under Section 42 of the Act...........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Conversion of one class of land mentioned in revenue record to another i. e. rectification of revenue records existing prior to repartition to change classification - No authority with Consolidation Authorities - Statement of classification of land for purposes of consolidation..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 17, 2(bb) -- Whether Consolidation Officer can impose cut on holdings of landowners for providing land for common purposes as envisaged by Section 18 even if sufficient land belonging to Gram Panchayat is available for the purpose - Second proviso to Article 31-A of Constitution can..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 2(bb) -- Common purpose - Meaning and scope of - Given a very wide definition - Means any purpose in relation to common need, convenience or benefit of village, including extension of village abadi, provision for income of Gram Panchayat and provision for village paths, roads and..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 30 -- Fixes a deadline - Rights of all landowners or occupancy tenants - To be found out as existing on the date of publication of notification for consolidation u/S.14 - All transactions regarding land covered by notification made during operation of consolidation - To be ignored by..........
