JOHRIMAL vs DIRECTOR OF CONSOLIDATION OF HOLDINGS, PUNJAB

The Supreme Court held that the power of the State Government under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 is not controlled by Section 36, and the procedures under Sections 19 and 20 are not necessary for variations made by the State. The Court found that the respondent's order was illegal as it violated Section 18(c) and Rule 16(ii), which require that only a fraction of each proprietor's land can be taken for common purposes. The Court emphasized that the authority of the Consolidation Officer must be interpreted restrictively to ensure constitutional validity.