PALA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal by special leave against the Judgment and Order made in L.P.A. No. 95 of 1964 dismissing the appeal holding that the land in question having already vested in the Government of Punjab under package deal, the authority under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 had no jurisdiction over lands in question.

(2.) Appellant, Pala Singh, a displaced person, was allotted 9 standard acres and 12-1/4 units of land in village Mill, Tehsil District Patiala in lieu of his land left in Chack No. 204 in 1950. He got the same quantity of land in village Alipur Arain on Mutual exchange with an allottee of the said village. The appellant was not allotted any land for the land left by him in village Santpura and Jaffarpur in Tehsil Patiala, District Gujarat. The area of Chack No. 204 R.D. was described as a suburban area by the State Government. The appellant applied for allotment in village Tripari Sayidan, a suburb of Patiala. City. After due verification from the records of the Rehabilitation Department at Jullundur, the petitioner being found entitled to the suburban allotment to the tune of 10 standard acres and two units as well a rural allotment of 2 standard acres and 8 units was allotted 6 standard acres 12-3/4 units of land in Tripari Sayidan. Proprietary right in respect of both these allotments, that is, at Tripari Sayidan and village Alipur Arian were granted to him vide sanads dated 17th February, 1956.

(3.) In October 1961, it was detected that there was excess allotment of 6 standard acres and 12-3/4 units in village Alipur Arian and accordingly the Managing Officer, Rehabilitation Department by his Order dated 21st February, 1962 allowed the petitioner to purchase the said excess area. Petitioner deposited the required amount in the Treasury on March 6, 1962. On March 27, 1962, i.e. 20 days thereafter, the petitioner was served with a notice by the respondent No. 3, Assistant Registrar-cum-Managing Officer asking him to appear before the respondent No. 2, the Chief Settlement Commissioner, Civil Secretariat, Jullundur to show cause why the order of the Managing Officer allowing him to purchase the excess land would not be set aside, as it was a case of double allotment. The respondent No. 2, the Chief Settlement Commissioner, after hearing the petitioner passed an order holding that the excess land which was found in October, 1961 could not be sold by the Managing Officer under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, as under the package deal this land had been transferred to the Punjab Government. It was for the Punjab Government to decide if the said land would be sold to the petitioner at the reserve price or not. The reference was accordingly allowed and the order of the Managing Officer allowing the allottee to purchase the said 6. 12-3/4 standard acres in village Alipur Arian, Tehsil District Patiala was set aside. The petitioner then made an application under Section 33 of the said Act to the Respondent No. 1, the Central Government against the said order. The said application was dismissed by the respondent No. 1. Against these orders the petitioner moved a petition under Articles 226 and 227 of the Constitution of India before the High Court of Punjab and Haryana under Civil Writ Petition No. 1804 of 1962 on the grounds inter alia that the petitioner is entitled to get the same land as he had already deposited the price of the allotted land in accordance with the order of the Managing Officer. The said purchase could not be cancelled on the plea that the land had already been transferred to Punjab Government by the Central Government under package deal.