ARJAN DASS Vs. L J JOHN SON

JUDGEMENT

(1.) These four L.P. As by Malik Bhola Nath (L.P.A. No. 64/68), Arjan Dass (L.P.A. 66/68), Wassu Ram (L.P.A. 74/68) and Smt. Bago (L.P.A. 79/68) arise out of dismissal of the writ petitions by a common judgment of the learned single judge (Deshpande J.) dated 30th July, 1968. This judgment will dispose of all the four L.P.As.

(2.) There is acquired evacuee property under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter called the Act) bearing No. 373/69-71 and 72-74 Ward No. VII, Gali Sarsawali, Naya Bans, Delhi. This property was directed to be sold by public auction by the Rehabilitation authorities. Khushi Ram, Bhola Nath and Smt. Bago, appellants, and others filed appeals under Section 33 of the Act against the auction and the Chief Settlement Commissioner by his order dated 5/20th July, 1956, decided that the properties have been made allotable under the Rules. The value of the property, as per report of the Technical Adviser, of Unit A bearing No. 69 to 71 was fixed at Rs. 9799.00 and that of property No. 72 to 74 at Rs. 9945.00. Both of them being valued at less than Rs. 10,000.00 each were allotable within the meaning of Rule 22 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (hereinafter called the Rules). The said properties were occupied as follows :- Unit A 69 occupied by Wassu Ram, ground floor. 71 occupied by Chetan Das, ground floor. 70 occupied by Khushi Ram, first floor. 70 (other half) occupied by Lachman Dass, first floor. Unit B 72 occupied by Bhola Nath, ground floor. 74 occupied by Smt. Bago, ground floor. 73 occupied by Arjan Dass, ground floor. 73 (other half) occupied by Ram Chander, first floor.

(3.) The matter of allotment came up before the Managing Officer who by his order dated 11-4-1958 held that in Unit A Wassu Ram was entitled to the allotment of No. 69 and 70; while Lachman Das who was also a claimant was entitled to allotment for the other portions namely 701 (first floor), as well as to No. 71 (ground floor) occupied by Chetan Das.