MAKHAN LAL MALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have moved this Court under Art, 32 of the Constitution for a writ of mandamus against the respondent to verify the claims put forward by the petitioners and to grant compensation in respect thereof; but there is little merit to commend the acceptance of the petition.

(2.) The petitioners are displaced persons from West Punjab which is now known as West Pakistan and have taken up their residences in different parts of India. They put forward certain claims in regard to village houses which they had left in West Pakistan and which were situated in different villages. The petitioners have in their petition set out their respective claims which were rejected by the Rehabilitation authorities. It is unnecessary to give details of the properties in the various villages in regard to which claims were made. It is sufficient to say that the claims were put forward and they were for amounts above Rs. 20,000 in the case of petitioners Nos. 1 and 2 and above Rs. 10,000 in the case of petitioner Nos. 3 to 6.

(3.) The petitioners challenge the vires of two rules- Rule 5 under the Displaced Persons (Claims) Supplementary Act, 1954, (Act XII of 1954) and R. 65 of the Rules made under the Displaced Persons (Compensation and Rehabilitation Act), Act 44 of 1954. The challenge is on the ground of violation of Art. 14 of the Constitution. It is necessary at this stage to set out the various acts and regulations which were passed in regard to displaced persons dealing with verification of their claims and the giving of compensation to them.