HARI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the main question that arises for determination is the implementation to be placed on Explanation I to Rule 30 of the Displaced Persons Compensation and Rehabilitation Rules, 1955 (hereinafter to be called the Rules) and whether a non-claimant is entitled to the allotment of a portion of the Government built property under the Rules.

(2.) The facts are that Quarter No, 6/82, Rajinder Nagar which is a Government built property was occupied by the petitioner, Hari Singh and Respondent No. 5, Mohar Singh. The cost of the entire quarter was adjusted against claim payable to Shri Gulab Singh, father of Respondent No. 5. This order was, however, set aside by Shri Jagil dra Singh, Deputy Chief Settlement Commissioner vide his order dated 8-11-1958, who remanded the case with a direction that further enquiry relating to the divisibility of the property may be made in presence cf both the parties.

(3.) By his order dated 18th March, 1960 the Managing Officer held that the transfers of portions in occupation of each allotice i.e. petitioner and respondent No. 5 should be allowed to them respectively. Both petitioner and respondent No. 5 appealed against the said older but the Assistant Settlement Commissioner by his order dated 25th May, 1960 held that the house in dispute was divisible and that the same should be transferred to both the petitioner and respondent No. 5. Both the petitioner and respondent No. 5 filed the revision petition which was, however, rejected by Mr. Sapra, exercising the powers of Chief Settlement Commissioner by his order dated 6th October, 1960 who confirmed the orders that the property in dispute was divisible and as same principles of divisibility had been applied to the other similar quarters made in Rajinder Nagar, there was no reason to interfere with the orders of the authorities below. Thereafter the Managing Officer took up the question of the division by metes and bounds between the petitioner and respondent No. 5. The Managing Officer by his order dated 1-6-1962 (Annexure F to the petition) divided portion as A.B.C.D. which was to be transferred to the petitioner a:nd the other portion C.D.E.F.which was to be transferred to Respondent No. 5. The petitioner was dissatisfied with the order of division made by the Managing Officer and filed an appeal which was disdisposed off by the Assistant Settlement Commissioner by his order dated 7th September, 1961, who held that the property was divisible and that there was no irregularity in the action of the Managing officer. Further revision by the petitioner was also dismissed by the order of Shri Purshotam Saroop, exercising the powers of Chief Settlement Commissioner dated 2nd January, 1963 who held that the mode of partition determined by the authorities below was correct. The revision before the Central Government by the petitioner was rejected by the order dated 9th January, 1963 and it was thereafter that the persent petition has been filed in this court. It may be mentioned that the petition raised more or less similar points as in the other writ petition C.W. 148-D/63 relating to the Government property in Rajinder Nagar. It may also be mentioned that the other writ petition was decided by me vide order dated 2nd February, 1971, wherein dismissed the writ petition as I found no merits in it.