The objections filed by the respondents were rejected by the Consolidation Officer.
Broadly stated, under the said directions the Consolidation Officer was directed to take into companysideration, for the purpose of companysolidation, the number of acres held by the evacuee and number the actual valuation at site of the land allotted to him.
family 11 standard acres and 9 units of Grade A land in Pati Kankra, Shahabad Estate in Tehsil Thanesar in Karnal District.
On July 28, 1954, the State Government issued a numberification under s. 14 of the East Punjab Holdings Consolidation and Prevention of Fragmentation Act, 1948 hereinafter called the Act , declaring its intention to make a scheme for the companysolidation of the holdings.
This sanad was issued after the order of the Settlement Commissioner companyfirming the scheme of companysolidation.
By an order dated August 6, 1958, the Settlement Commissioner companyfirmed the scheme pro pounded by the Consolidation Officer.
On February 23, 1956, the Central Government issued a sanad companyferring proprietary rights on the respondents in respect of the lands allotted to them in 1950.
Meanwhile, the Displaced Persons Compensation and Rehabilitation Act 44 of 1954 became law it came into force on October 9, 1954, i.e., after the Estate had been numberified for companysolidation of holdings.
On March 24, 1955, the Central Government issued a numberification under s. 12 of the Displaced Persons Act 44 of 1954 acquiring all the evacuee properties to which that Act applied.
Appeal from the judgment and order dated February 1, 1957, of the Punjab High Court, in Civil Writ Application No.
On April 30, 1955, a draft scheme was proposed by the Consolidation Officer and published indicating, inter alia, that the respondents family would be given 84 standard kanals companysisting of 50 standard kanals and 7 standard marlas of A Grade land, and 34 standard kanals and I standard marla of B Grade land.
The family took possession of the said land, and, it is alleged, made improvements thereon.
The lands proposed to be substituted for the lands already allotted on quasi permanent tenure to the respondents family are admittedly of a lesser value than the land allotted to them earlier.
This numberification was issued before the scheme of companysolidation was companyfirmed by the Settlement Commissioner.
385 of 1955.
On March 3, 1950, in lieu of the lands left by the family in Pakistan, the Custodian of Evacuee Property allotted to the said.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
349 of 1959.
The said units were valued as equal to 123 standard kanals and 18 standard marlas of A Grade land.
The respondents are members of a joint Hindu family and are evacuees from Pakistan.
The Judgment of the Court was delivered by SUBBA RAO, J. This appeal by certificate is preferred against the order of the Punjab High Court dated November 9, 1956, setting aside the order of the Consolidation Officer and directing him to proceed with the matter in accordance with law.
The respondent did number appear.
The High Court by its final order dated February 1, 1957, allowed the said objection and issued a direction to the Consolidation Officer to proceed with the matter before him in accordance with law.
The said companysolidation was number made in strict companypliance with the provisions of the Act, but pursuant to administrative directions given to the Consolidation Officer by the State Government.
K. Khanna and D. Gupta, for the appellants.
May 4.
