IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Letters Patent Appeal No. 454 of 2011 Date of decision:26th August, 2011 Punjab Wakf Board .......Appellant Versus Sunam Dass and others ........Respondents CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Anupam Sharma, Advocate for the appellant(s). 1. Whether Reporters of local papers may be allowed to see the judgment? Yes/No 2. To be referred to the Reporters or not?Yes/No 3. Whether the judgment should be reported in the Digest? Yes/No Jasbir Singh, J.(Oral) This appeal has been filed against an order dated 28.7.2010, allowing the Civil Writ Petition No. 9596 of 1989 filed by the respondent No. 1. As per facts on record, in that writ petition, the respondent No. 1-Sunam Dass had laid challenge to an order dated 28.02.1989 (P-3), passed by the Senior Director Consolidation, Haryana, Rohtak. Vide the above order, an application under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Letters Patent Appeal No. 454 of 2011 Fragmentation) Act, 1948 (hereinafter referred to as “the Act”) moved by the appellant-Punjab Wakf Board before that officer was rejected. It is a case of the appellant-Punjab Wakf Board that when repartition was effected in the village, the land under its ownership was reduced from 2 bighas 17 biswas to 16 marlas only and the deficiency so caused needs to be made good. Vide order passed on 28.02.1989, regarding claim of ownership, in the disputed land, liberty was granted to the Punjab Wakf Board to file a suit in a civil court in that regard. It was further stated that at the time of consolidation, land is allotted as per value assigned to it. After deducting land from the share of respondent No. 1, it was added in the ownership of Jamla Malkan and in possession of Takia Pathanawala. Against the order, passed by the Senior Director, Consolidation, Rohtak, Haryana, the respondent No. 1 filed the above writ petition which was allowed and order dated 28.02.1989 was quashed on a ground that the application was filed by the appellant- Panjab Wakf Board under Section 42 of an Act, at a belated stage. To pass that order, reliance was placed upon the ratio of judgment of the Hon'ble Supreme Court in Gram Panchayart Kakran versus Addl. Director of Consolidation and another 1997 (2) PLJ 375. It is not in dispute that consolidation took place in the year 1952-53. Application under Section 42 was filed by the appellant in the year 1988 i.e. after about 35 years of the finalisation of the consolidation proceedings in the village. Neither before the learned 2 Letters Patent Appeal No. 454 of 2011 Single Judge nor before us any reasonable explanation has been given for such a huge delay. No case is made out to interfere. Dismissed. [JASBIR SINGH] JUDGE [AUGUSTINE GEORGE MASIH] JUDGE 26th August, 2011 Shivani Kaushik 3