RAMESH PARSRAM MALANI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The legality and validity of an order passed by the Chief Commissioner of Land Administration, Andhra Pradesh (for short, 'CCLA') on February 26, 2003 is subject matter of consideration in the present appeal. Vide aforesaid order, 19.26 standard acres of land in Village Poppalguda, District Ranga Reddy was allotted to the appellant by the CCLA (as a delegatee of the Central Government) as balance of verified claim of 43.7 standard acres of land.

(2.) Some facts would be necessary to appreciate the contention raised by the parties. One Parsram Ramchand Malani, father of the appellant, was resident of Sindh in the present-day Pakistan and after partition, came to settle in Hyderabad. The father of the appellant asserted that he was owner of 83.11 acres of land in Sindh. Such land was verified vide an order passed by Settlement Claim Officer, Bombay on November 22, 1952 (copy submitted by the appellant during the course of the arguments). On the basis of such order, the father of the appellant applied for 200 acres of land in lieu of 83.11 acres of land left by him in the West Pakistan (copy submitted by the appellant during the course of the arguments). It is on the basis of such application that 40.4 standard acres of land (323.10 local acres) was allotted in District Hyderabad East, Village Bata Singaram, measuring 32.12 standard acres (262.11 local acres) and in Hyderabad West, Village Boinapally measuring 7.8 standard acres (60.39 local acres). There is no dispute between the parties till such allotment. Such allotment was made prior to commencement of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 (for short, 'Act') . Therefore, to regularise such allotment, another letter was issued on March 24, 1956 after commencement of the Act. The father of the appellant did not raise any claim for allotment of additional land till his death on August 10, 1988. It may be mentioned that Rule 51 of the Displaced Persons (Compensation & Rehabilitation) Rules, 1955 (for short, 'Rules') provides for scale of compensation in the form of land in accordance with the Land Allotment Scheme in the States of Punjab and Patiala and the East Punjab States Union as set out in Appendix XIV. A perusal of Appendix XIV would show that against area abandoned of 83 standard acres, the entitlement is allotment of 45.8Â ¾ acres. It has also come on record that the father of the appellant, the displaced person, sold the entire land allotted to him soon after allotment.

(3.) The appellant addressed a letter to the CCLA on March 15, 2001 claiming allotment of 43.7 standard acres against balance of verified claim. The CCLA addressed the letter to the Settlement Officer, Ministry of Home Affairs, Government of India on May 5, 2001 but no response was received from the Ministry of Home Affairs. On February 21, 2003, the appellant made another representation to the CCLA pursuant to which CCLA allotted the land measuring 19.26 standard acres (148.3 local acres) in Survey No. 301 to 308, 325 to 328 and 331 part in favour of the appellant on February 26, 2003, which is the subject matter of present appeal.