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20. Counsel for the appellants lastly submitted that the proceedings relating to the consolidation of land holdings in village Mandoli were held under the provisions of Section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. He submitted that the Consolidation Officer under the provisions of the said Act had assigned the suit property to be used for the public purposes and since the said powers had been specifically exercised under the said Act, the provisions of the DLR Act would not apply and as such the suit of the plaintiffs was maintainable.

50. Counsel for the appellants had placed reliance on Section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. He had submitted that since the suit properties were earmarked for a public utility by the Consolidation Officer at the time of consolidation of holdings in village Mandoli, no separate declaration was required to be issued by the Chief Commissioner as provided for under Section 1(2) (c) of the DLR Act. Section 18 of the said Act is reproduced as under:-

54. As observed, Section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 contains a non-obstante clause in respect of any law for the time being in force. The DLR Act, 1954 was enacted on 20.07.1954. As per Section 1 (3) the provisions of the DLR Act came into force on the date of its enactment i.e. on 20.07.1954. As is evident, the DLR Act, 1954 is a legislation subsequent to the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. The non-obstante clause contained in Section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 applied to any law for the time being in force, i.e. all laws in force on the date of the enactment. The DLR Act, 1954 was not in force at that time. Hence, the non- obstante clause contained in Section 18 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 will not override the provisions of the DLR Act.

56. This aspect can be looked at from another point of view. The provisions of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 are a special enactment as is evident from the title of the Act. The purpose of the said Act is to consolidate land holdings in such a manner so as to prevent their fragmentation. Section 18 of the said Act empowers the Consolidation Officer to assign lands for common purpose of the village during the process of consolidation. Such power can be exercised by the Consolidation Officer notwithstanding anything contained in any other law for the time being in force.