454 of 1958 Civil Appeal No.
761 of 1957 Civil Appeal No.
553 and 554 of 1962 were filed.
Appeals by special leave from the judgment and orders dated December 13, 1961, and September 12, 1960 of the Punjab High Court in C.W. No.
Writ Petition No.
Writ Petition No.
These appeals were heard together and they challenge the companyrectness of the decision in Jagat Singhs case 1 and thus question the validity of the Amending Act 27 of 1960 because they companytend it is in breach of Arts.
743 of 1963 is the result.
The appellants in this appeal had filed a Civil Writ Petition No.
553 and 554 of 1962.
454 of 1958 and Letters Patent No.
Bishan Narain, S. K. Mehta and K. L. Mehta, for the appel lants in C.As.
The appellants in Civil Appeal No.
Grover J., who heard the petition ,dismissed it on the authority of Jagat Singh v. Punjab State 3 .
These appeals were heard and closed for judgment on April 27, 1964 but as the Court went into vacation at the end of the first week of May, judgment had to be postponed till after the vacation.
388 of 1958 respectively.
The validity of these Acts was challenged but they were upheld in Atma Ram v. State of Punjab 2 to which we shall refer later.
On April 9, 1957 the Punjab Government added rule 16 ii which provided for reservation of lands for the Gram Panchayat.
31 A. The last Act to which a brief reference may be made is the Punjab Security of Land Tenures Act, 10 of 1953 and its amendment by Act 57 of 1953 and Act II of 1955.
743/1963 .
3 1962 64 P.L.R. 241.
Civil Appeal No.
By that Act security of land tenures, fixing of areas for self cultivation was provided and there was companyferment of rights on tenants to purchase lands under their cultivation from the landholders.
553 554/1962 .
1 to 3 in A. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The High Court did number certify the judgments as fit for appeal but the appellants obtained special leave and Civil Appeals Nos.
This Act was amended on many occasions but we are companycerned with it as amended by the East Punjab Holdings Consolidation and Prevention of Fragmentation 2nd Amendment Validation Act 27 of 1960 .
Proceedings for the companysolidation of holdings are going on in these villages under the East Punjab Holdings Consolidation and Prevention of Fragmentation Act 1948 Act 50 of 1948 .
319 of 1961 companytending that the distribution of shamlat lands was illegal and such lands, if they had to be redistributed, companyld only be distributed among the proprietors but companyld number be given to number proprietors.
The other two appeals arise from other writ petitions.
Against his order special leave was granted by this Court and I.L.R. 1955 Punjab 1334.
4 in C.A. No.
743 of 1963.
The Judgment of the Court was delivered by Hidayatullah J. This judgment will dispose of Civil Appeal No.
K. Mehta and K. L. Mehta, for respondent No.
The proprietors were number paid companypensation for the lands and it is the taking away and allotment of these lands which are the subject of challenge in these appeals on grounds about to be stated.
553 and 554/1962 and respondents Nos.
743 of 1963 and Civil Appeals No.
743/1963 .
554 of 1962 was heard by the Bench which heard the said Letters Patent Appeal and both were dismissed on August 18, 1960.
Bishan Narain and D. Goburdhun, for the appellant in C.A. No.
Similiarly, in village Mehnd, land has been reserved for the village Panchayat, a school, tanning ground, hospital, cremation ground and for number proprietors.
It read 16 ii In in estate or estates where during companysolidation proceedings there is numbershamlat deh land or such land is companysidered inadequate, land shall be reserved for the village Panchayat, under section 18 c of the Act, out of the companymon pool of the village at a scale prescribed by Government from time to time.
319 of 1961 and Civil Writ No.
743/1963 .
The appellants in the other appeals are owners of lands in villages Sewana and Mehnd of Tehsil Hansi in District Hissar.
It also added a new section s. 23 A in the Consolidation Act as follows 23A. As soon as , a scheme companyes into force, the management and companytrol of all lands assigned or reserved for companymon purposes of the village, under section 18, a in the case of companymon purposes specified in sub clause iv of clause bb of section 2 in respect of which the management and companytrol are to be exercised by the State Government, shall vest in the State Government and I.L.R. 1960 1 Punjab 589.
Ganapathy Iyer and B.R.G.K. Achar, for the respondents in As.
553 of 1962 was dismissed by Grover J. against whose decision a Letters Patent Appeal was filed.
743 of 1963 are owners of lands in village Virk Kalan, Tehsil and District Bhatinda.
