GAJAN MAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The question raised in this petition is whether the word 'acre' in Rule 65 of Displaced Persons (Com- pensation and Rehabilitation) Rules, 1955 (hereinafter to be called the rules) means 'ordinary acres' or 'standard acres'.

(2.) The petioer is a displaced person from West Pakistan (Sind) who left non urban immovable property both residential and agricultural land. In lieu of the agricultural land left in West Pakistan the petitioner was allotted 3.4 Standard Acres (Which is more than 4 ordinary Acres) in Madhya Pradesh. The petitioner's claim for 2 rural buildings was assessed at Rs. 12560 and Rs. 1200 respectively. The petitioner put in his claim for being paid compensation on account of rural building but the same was refused by the Settlement Officer by his order dated 27th August, i960. Thereafter, the petitioner filed an appeal and a revision but the same were also rejected by the Assistant Settlement Commissioner by his order dated 29th November, 1960, and by Mr. Parshotam Sarup, Deputy Chief Settlement Commissioner dated 30th March', 1961. The respondents have taken the view that as the petitioner has been allotted more than 4 ordinary- acres he is not entitled to receive compensation separately in respect of his verified claim for rural building, the assessed value of which is less than Rs. 20,000 in terms of Rule 65 of the Displaced Persons (Compensation & Rehabilitation) Rules, 1955 (hereinafter to be referred to as 1955 Rules). The petitioner aggrieved by this impugned order has filed the present writ petition under Articles 226 and 227 of the Constitution for a writ in the nature of certforari or other appropriate writ, order or direction for quashing the impugned order. Rule 65 of 1955 Rules reads as follows :- Rule 65 :

(3.) The main question, therefore, is whether the word acres in Rule 65 means standard acres or ordinary acres. It is not disputed by the counsel for the parties that if the word acres in Rule 65 means standard acres then the case of the petitioner will be covered by sub-rule 2 of Rule 65 and he will be entitled to compensation in respect of the verified claim of a building which has been assessed at Rs. 12560, whereas if the word 'acres' means ordinary acres the case will be covered by sub-rule (1) of Rule 65 in which case the order of the Chief Settlement Commissioner will be correct and the petitioner will not be entitled to any compensation in respect of his verified claim for rural buildings as the assessed value of those is less than Rs. 20,000. Rule 2(g) defines 'standard acre' to mean an area of land whose average settlement yield is ten maunds of wheat or more, but not exceeding eleven maunds, or other equivalent produce in value, and whose average maturity is 90 per cent and above. Rule 50 postulates that the Settlement Commissioner shall fix the value of any agricultural land which is intended for allotment in terms of standard acres. Rule 52 provides the manner of allotment of land which may be allotted in the first instance to a person having verified claim for agricultural land. Such area shall be the area permissible under the scheme referred to in rule 51 or thirty standard acres whichever is less. Rule 53 provides that where a displaced person having a verified claim in respect of agricultural land has settled in an area other than an urban area, he may be paid one-third of the compensation due to him in cash, subject to a maximum of Rs. 1,000. Provided that no such person holding a verified claim for more than thirty standard acres shall be paid any part of his compensation in cash. Rule 54 provides for payment to certain persons under disability a compensation in cash if such compensation converted in terms of standard acres is 18 standard acres or less. Rule 56 provides that for the purpose of payment of compensation under Rules 51, 53 to 55 each standard acre of land may be converted into cash. at the rate of Rs. 450 per standard acre; in respect of first fifty standard acres and in respect of remaining standard acres at the rate of Rs. 350 per standard acre. Rule 57 provides that a displaced person having a verified claim in respect of agricultural land who has settled in a rural area and to whom agricultural land has been allotted, may be allotted a house in addition to such land in accordance with scale prescribed. Proviso to this rule however provides that if such a person holds a verified claim in respect of any rural building and the claim has been satisfied wholly or partially before the allotment of such land the provisions of rule 65 shall not be applicable in his case but he shall not be entitled to allotment of a house or a site and building grant in lieu thereof.