AIR 1967 SUPREME COURT 856

Supreme Court Of India

(From Punjab : ILR (1966) 1 Punj 828)

Hon'ble Judge(s): K. Subba Rao, M. Hidayatullah, S. M. Sikri, R. S. Bachawat, J. M. Shelat , JJJ

(A) Constitution of India , Art.31A(1) Second Proviso, Art.31(2A), Art.12, Sch.VII List III Entry 42— Expression 'acquisition by the State of an estate' - Meaning - Scheme of consolidation of village under E. P. Holdings (Consolidation and Prevention of Fragmentation Act (50 of 1948) -Scheme providing for acquiring small hits of lands from land-holders for inclusion thereof in common land of village-Question whether a land-holder holding land within ceiling limit and cultivating it personally must be paid compensation. while acquiring land from him under consolidation scheme. East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act (50 of 1948) , S.18(c), S.23A, S.46(e)— East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules (1949) , R.16(ii)— Some land was owned by a Gram Panchayat which was used for common purposes. In a consolidation scheme of the village under the provisions of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948 some further area was reserved for common purposes after applying cut upon the right holders on pro rata basis. The appellant contended that as he was a small land-holder holding land within the ceiling limit and some land under his personal cultivation had also been taken under the consolidation scheme, without payment of compensation as required un....