KARAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the petitioner seeks the quashing of the impugned order of Shri Kaushal Kumar, IA.S. Joint Secretary & Chief Settlement Com <PG>551</PG> missioner, Department of Rehabilitation, Jaisalmer House, New Delhi with the delegated power of Central Government under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 dated 7th November, 1978 (P-12) and for direction that the property in dispute should be allotted to the petitioner.

(2.) The relevant facts stated in the writ petition are that property NO.XVI/ 256-257 (New), Joshi Road, Karol Bagh, New Delhi was an acquired evacuee property and was scheduled for auction on 24th January, 1956. The petitioner is in occupation of property No.257 (New) and one Smt.Parkash Wanti is in occupation of 256 aforementioned. On having received representation from Smt. Parkash Wanti and also from the petitioner Shri Karam Singh that the valuation of the property is not above the allottable limit of Rs.10,000.00 and these properties are separate properties and cannot be clubed together for the purposes of valuation and, therefore, these two properties should not be acutioned and as such the property should be allotted to them, the matter was examined by the Competent Authority and it was found that the property of the petitioner undoubtedly is not above the allottable limit of Rs.10,000.00 as prescried then and, therefore, should not be auctioned. It reveals that steps were taken to allot the property to the petitioner but unfortunately the file was misplaced somewhere and the department could not finalise the case.

(3.) Smt. Sheela Devi, the sister of the petitioner was also staying in the premises in which the petitioner was staying and which is the subject matter of the dispute. However, according to the petitioner, she was neither an allottee nor an occupant in her own right whereas according to Smt. Sheela Devi her name figured in the evacuee property register. On the representation of Smt.Sheela Devi that. she should also be allotted this property along with her brother Karam Singh, petitioner, the matter was inquired by the department and it was found that as a matter of fact that Smt.Sheela Devi had no interest in the property as she was an unauthorised occupant However, inspite of this finding that the petitioner was occupier and tenant of the property indispute and the property was allottable and was evacuee property and that Srot.Sbeela Devi was an unauthorised occupant, the property was not allotted to the petitioner as according to authorities concerned this property could not and cannot be allotted to him as at the relevant time when the matter was decided in 1978, Rules 30 and 31 stood abrogated, and as such right to allotment ceased to exist to the petitioner. Further it is a discretion of the authorities concerned to allot the land and no right has been conferred on him for allotment of such a property under the Act and Rules framed thereunder. After this matter was decided against the petitioner by the Managing Officer, Settlement Commissioner, Chief Settlement Commissioner and ultimately came before the Central Government under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, (hereinafter referred as "the Act") and the Central Government vide Annexure P-12 dismissed the claim of the petitioner for the allotment of the property in dispute.