S VISHAN SINGH Vs. CHIEF SETTLEMENT COMMISSION

JUDGEMENT

(1.) This petition raises the question as to what was the effect of the abrogation of Rule 31 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 by the amendment carried out on the 3rd of August, 1963 in respect of the decision arrived at earlier on 22nd September, 1962 by the Managing Officer to transfer the property concerned in this litigation to the petitioner. In consequence of the order made by the Managing Officer the President of India entered into an agreement with the petitioner on the 29th September, 1962 in terms whereof the price of the property was fixed at Rs. 6,692 on payment of which the ownership was to be transferred to the petitioner.

(2.) The petitioner and respondent No. 3 Smt. Dyali Bai were in occupation of portions of the property bearing No. XV/2827-28, Multani Dhandha, Paharganj, New Delhi and the Managing Officer found that the petitioner was in occupation of the larger area and was for that reason entitled to the transfer of the property to him. Rule 31 as it prevailed on the date of the order referred to above was in the following terms :

(3.) We have reproduced only the concerned portion of Rule 31. It is obvious that in terms of the above quoted provision a non-claimant displaced person in occupation of the largest portion of the property was to be entitled to the transfer of the property to him. In case non-claimant displaced persons were to be found in occupation of equal area then the property was to be transferred to the one who may have been in occupation for a longer period. As observed earlier, the Managing Officer found in terms of his order made on 22nd September, 1962 that the petitioner before us was in occupation of the largest portion of the property and for the reason the property was directed to be transferred to him. The controversy between the petitioner and respondent No. 3 was only in respect of the area and the second part of the rule as to which of them had been in occupation for a longer period did not come in.