IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 1332 of 1988. Date of Decision: 30.11.2010. Punjab State through Divisional Forest Office, Amritsar. .......Petitioner Versus Bhola Singh & others ......Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. V.K. Jindal, Addl. AG, Punjab for the petitioner-State. None for the respondents No.1 to 3, 5 and 6. Mr. J.S. Verka, Advocate, for respondent No.4. NAWAB SINGH.J.(ORAL) This revision has been filed by State of Punjab through Divisional Forest Officer, Amritsar challenging the orders (i) dated February 7th, 1986 (Annexure P-6) passed by Additional Director Consolidation of Holdings (for short 'the ADCH), Punjab, Jalandhar; (ii) Order dated April 29th, 1987 (Annexure P-9) passed by the ADHC, Punjab, Jalandhar and; (iii) order dated April 24th, 1987 passed by the Financial Commissioner Revenue and Secretary to Government Punjab, Rehabilitation Department (Annexure P-8). 2. The petitioners were allotted evacuee agricultural land to the extent of 25-2-1/2 standard acres in village Kamalpur Khurd, Tehsil Ajnala, District Amritsar in the year 1950 in lieu of land left by them in Pakistan in Chak No.67 Sanjroo, District Nawabshah. In the year 1960, the allotment was revised and it was found that in fact, the land owners' entitlement was to the extent of 18 standard acres and the excess area of 7-2-1/2 standard acres of land allotted to them was cancelled by order No. CCM/c-79/and 1960 dated July 13th, 1960 and the land owners were allotted 18 standard acres of land. During consolidation proceedings in the year 1983, kura allotted in the name of land owners was not carved out inadvertently by the Consolidation Department. The land owners filed application under CWP No. 1332 of 1988. (2) Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 before the ADCH, Punjab. The ADHC vide order dated February 7th, 1986 (Annexure P-6) accepted the application of the land owners-respondents No. 1 to 4 and allotted land measuring 82-10 kanals. The ADCH observed that Saudagar Singh Kanungo (Sales) also appeared on behalf of State of Punjab and accepted the allotment of land in favour of the petitioners. The Forest Department filed application before the ADCH for setting aside the order dated February 7th, 1986 because the land in question was reserved by the Punjab Government for the Forest Department. The said application was allowed and the application was fixed for re-hearing on April 29th, 1987. By impugned order dated April 29th, 1987 (Annexure P-9), the ADCH rejected the plea of the Forest Department holding that Sardar Gurdeep Singh, Deputy Divisional Forest Officer, Amritsar along with Jaswant Singh, Kanungo admitted that the land in question was allotted to respondents No.1 to 4. Meanwhile, the Financial Commissioner by impugned order dated April 24th, 1987 (Annexure P-8) had upheld the order dated February 7th, 1986 passed by the ADCH. 3. From the orders referred to above, it is manifest that land in question was allotted to the petitioners way back in 1950/60. The Punjab Government cannot take benefit of the fact that this piece of land was notified for the Forest Department without acquiring the same. The allotment of the land to respondents No.1 to 4 has not been challenged by the Punjab Government as admitted by official of the revenue and Forest Department before the ADCH and the Financial Commissioner. 4. In view of above, this Court does not find any infirmity in the orders passed by the Authorities below. Hence, the petition is dismissed. 30.11.2010 (NAWAB SINGH) SN JUDGE