Civil Writ Petition No.5178 of 1988 1
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH.
Civil Writ Petition No.5178 of 1988
Date of Decision:-28.10.2009
Kishan Singh and others ...Petitioners
Versus
The State of Punjab and others ...Respondents
CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR
Present: Mr.I.P.S.Doabia, Advocate for the petitioners.
Mr.Ajaib Singh, Addl. Advocate General, Punjab
for respondent Nos.1 to 3.
Mr.Sanjiv Pandit, Advocate for respondent Nos.6,8,9,11,18,
20 to 22.
Mehinder Singh Sullar, J.
This writ petition was filed by the petitioners mainly for
issuing direction to the respondents to fix the valuation of the lands,
which are subject matter of the impugned scheme under the
provisions of East Punjab Holding (Consolidation and Prevention of
Fragmentation) Act, 1948 (hereinafter to be referred as “the Act”).
The bare perusal of the affidavit of Surat Singh,
Consolidation Officer, Hoshiarpur filed on behalf of the official
respondents in reply to the writ petition, would reveal that in
compliance with the direction of this Court vide judgment dated
6.1.1986 rendered in CWP No.5243 of 1982, a fresh scheme had
been prepared and published on 9.12.1987 by the Settlement Officer,
in which the valuation at the relevant time has been taken into
Civil Writ Petition No.5178 of 1988 2
consideration. Consequently, re-partition had already been published
on 6.5.1988 as contemplated under section 21 (1) of the Act.
At the very outset, learned counsel for the petitioners has
fairly submitted that the grievances of the petitioners would be
redeemed if they are permitted to file the statutory legitimate
objections to consolidation scheme and the writ petition may be
disposed of as such.
Learned counsel for the respondents did not raise any
objection in this direction.
In this view of the matter, the writ petition is hereby
disposed of with the direction that any share holder/landowners
would be at liberty to file the statutory objections after the publication
of the re-partition permissible under the Act to the appropriate
authority within a period of one month from the date of receipt of
copy of this order. The appropriate authority would decide the same
on merits within two months thereafter without raising the objection of
limitation. The official respondents are also directed to complete the
entire process of consolidation within four months thereafter.
(Mehinder Singh Sullar)
October 28,2009 Judge
AS