RAGHUBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by Raghubir Singh praying that an order (Annexure 'E'), dated 9th September. 1968, passed by Shri Rajni Kant, Officer, Delegated with the powers of the Central Government under the Displaced Persons (Compensation and Rehabilitation) Act No. 44 of 1954, may be quashed. The respondents to the writ petition are (1) the Union of India, through the Secretary, Ministry of Labour Employment and Rehabilitation, Department of Rehabilitation, (2) Shri Rajni Kant, Officer Delegated with the powers of the Central Government under Act No. 44 of 1954, Ministry of Labour Employment and Rehabilitation, Department of Rehabilitation, and (3) H Santokh Singh.

(2.) The petitioner is a displaced person from West Pakistan. According to him, since his migration from West Pakistan he was in occupation of evacuee property No. 46 at Mandi comprising a house and vacant land of an extent of 651 squars yards and bearing Khasra Nos. 1479 and 1480 of Khewat Abadi in Mandi Town, which was left by a Muslim evacuee named Ajmer Khan who was its original owner and who migratedj to Pakistan. Later on, the Centra! Government acquired the said evacuee property No. 46 under the provisions of the Act No. 44 of 1954, and the said property thusecame a part of the compensation pool.

(3.) The petitioner had a verified compensation claim of Rs. 3,903 in respect of the property left by him in Pakistan, and by virtue of the provisions of the aforesaid Act and the Rules framed thereunder, he became entitled to have the said property No. 46 transferred to him as a claimant in occupation thereof in lieu of his compensation claim. The Central Government, Rehabilitation Department, decided to transfer the property No. 46 to the petitioner. Annexure (A) is a copy of the communication to she petitioner from the Assistant Settlement Commissioner, Gurdaspur. It shows that the total compensation and rehabilitation grant due to the petitioner was Rs. 2,164.00, that "he value of the property No. 46 was fixed at Rs. 4,643.00, and that after adjusting the compensation amount towards the value of the property, a net amount of Rs. 2,479.00 remained to be recovered from She petitioner. It was stated in the said communication that the sum of Rs. 2,479.00 should be paid by the petitioner to the District Rent and Managing Officer, Gurdaspur, in seven equal annual instalments. It was further stated in the said communication that when the balance due from the petitioner is paid, the District Rent and Managing Officer will transfer the property No. 46 to the petitioner on permanent basis under the aforesaid Act and the Rules framed thereunder and execute the necessary deed of conveyance. Annexure (B) is a copy of an agreement, dated 27th August, 1959, which was to be executed between the President of India and the petitioner regarding the transfer of the property No. 46 to the petitioner. The said property was described in the schedule to the agreement as "House No. 46 at Mandi (Himachal Pradesh)". The petitioner paid in full the balance amount of the price on 5th February, 1964. Annexure (C) is a copy of the Treasury Challan which shows the full payment. According to the petitioner, on the payment of the full price, the title to the property No. 46 passed to the petitioner and he became its owner with effect from 1st November, 1953, as provided in Rule 34, and the said property ceased to be a part of the compensation pool.