GHANSHYAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a test case. Ranjinder Nagar House Owners' Welfare Association and its 54 members have brought this writ petition under Article 226 of the Constitution against the Union of India challenging the validity of notice dated 7th July, 1970/24th July, 1970 issued by the Land and Development Officer, Respondent No. 3, to one of its members Ghanshyam Dass, petitioner No. 1, to show cause why his premises be not re-entered by the President of India. As similiar notices have been issued to other members of the Association they have made it a 'test case'.

(2.) These are the facts. The displaced persons who were uprooted from their home land in West Pakistan in the wake of partition of the country in 1947 had to be resettled. One of the legislative measures taken in this behalf was the passing of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (the .Act). This came into force on 9-10-1954. The Government set up displaced persons colonies. One such colony was Rajinder Nagar. The Government allotted houses to displaced persons in this colony. They issued an allotment letter to each of the displaced persons who were in need of accommodation, The allotment letter said that the allottee is allotted a particular house and is permitted to occupy it on his giving undertaking to the effect : 1. That he will pay the rent as may be fixed in respect thereof by the Government hereafter ; 2. That he will duly execute a lease deed in the form approved by the Government in this behalf ; 3. That he will pay rent from the date of occupation of the house ; and 4. That in case he fails to take possession of the house within a period of 7 days from the date of the allotment order, the allotment shall be deemed to have been cancelled.

(3.) These allotments letters were issued in 1951. After the Act of 1954 the allottees were required by the Government to execute lease deeds. Appendix XI of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (the Rules) prescribed the' form of the lease deed applicable to Government owned sites in Delhi. Under Rule 40(3) it is provided that where a Government built property is sold to a purchaser the site will be held by the purchaser under the lease which shall be demised to him on such terms and conditions as shall be determined by the Settlement Commissioner. As regards the superstructure, on the payment of the full price the ownership of the structure shall be transferred to the purchaser. The terms and conditions of the lease, the rule says, shall be as in appends XI of the Rules.