HANS RAJ SHARMA Vs. UOI

JUDGEMENT

(1.) The petitioner has challenged an order of the Deputy Secretary, Government of India, Department of Rehabilitation dated 2nd December, 1980 whereby in exercise of suo moto jurisdiction under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 he was asked to deposit an amount of Rs. 1398/-. The petitioner sought and was provided legal aid by the Delhi High Court Legal Services Committee.

(2.) Quarter Nos 5 and 6, Motia Khan were allotted to Smt. Maya Devi, the petitioner's mother. According to the terms she had to pay consideration in seven equal instalments. Payments were later segregated. The rights for Quarter No. 6 were transferred to the petitioner by the Settlement Commissioner's office. He was required to pay the proportionate amount of the quarter so allotted to him. It is not disputed that he did so. In fact the impugned order records that the amount of Rs. 4321.83/- by way of cash payment and adjustment was made. In this background, he was issued a show cause notice on 31.3.67 asking him to deposit Rs. 3290/- for the quarter. This show cause notice was challenged by him.

(3.) The settlement Commissioner by his order dated 31.08.68 decided in favour of the petitioner. The operative portion of the order reads as follows: