BAGIRATH SINGH AND ANR. versus STATE OF HARYANA AND ORS.

BAGIRATH SINGH AND ANR. versus STATE OF HARYANA AND ORS.

The 1995 Consolidation Scheme for Shamlat Deh lands, framed pursuant to unchallenged directions of the High Court and in accordance with Wajab-ul-Arz, is valid, having already been upheld by the High Court and this Court, and cannot be further challenged under Section 42 of the Act.

Parties
Appellants: Bagirath Singh and Anr.; Respondents: State of Haryana and Ors.
Jurisdiction
India
Judgment Date
06 September 2005
Procedural Posture
Civil Appeal / Appeal (special Leave) From Punjab and Haryana High Court, Final Decision
Outcome
Appeal dismissed
Legal Topics
Consolidation Scheme, Village Common Lands, Shamlat Deh Lands, Repartition, Wajab Ul Arz
Land Law Administrative Law Consolidation Scheme Village Common Lands Shamlat Deh Lands Repartition Wajab Ul Arz

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Parties

Bagirath Singh and Anr.

Appellants

State of Haryana and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal (special Leave) From Punjab and Haryana High Court, Final Decision

Legal Issues

  1. 1 Validity of the 1995 Consolidation Scheme for Shamlat Deh lands
  2. 2 Challenge to orders under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948
  3. 3 Implementation of High Court directions regarding Shamlat Deh lands

Ratio Decidendi

The 1995 Consolidation Scheme for Shamlat Deh lands, framed pursuant to unchallenged directions of the High Court and in accordance with Wajab-ul-Arz, is valid, having already been upheld by the High Court and this Court, and cannot be further challenged under Section 42 of the Act.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed without any order as to costs.
  • The 1995 Consolidation Scheme stands valid in relation to Shamlat Deh lands.