ATTAR CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER under Articles 226 and 227 of Constitution of India seeks a writ in the nature of certiorari for quashing the impugned orders dated 10. 6. 1971 and 25. 8. 1975 passed by respondent nos. 2 and 3 respectively.

(2.) BRIEFLY, the facts as alleged in the petition are that one Amir Chand, predecessor in interest of the present petitioner was a displaced person who had left behind agricultural land at West Pakistan. On that basis in the year 1950 he was allotted rural agricultural land in all measuring 18 bighas 12 biswas bearing khasra no. 2010/4 (4-16), 10/8 (4-16), 10/13 (4-16) 43/17 (2-3), 43/18 (2-8) at village Khureji Khas, Delhi. Land allotted to Amir Chand was evacuee property vested in the custodian of evacuee property. Subsequently, by a notification issued by the Central Government under Section 12 of Displaced person (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the Act) the above land was acquired in the year 1955. It is stated that after acquisition of aforesaid land the same was transferred, as owner, to Amir Chand (deceased) as a displaced person and a claimant under Rules 49, 62 and 63 of displaced Person (Compensation and Rehabilitation) Rules 1955 (hereinafter referred to as the Rules) and at that material time there was no limit to transfer of rural agricultural land as an owner. It is alleged that according to the policy of government land was offered to Amir Chand, deceased at a price of Rs. 43,560/- vide letter dated 1. 9. 1958 anenxed as Annexure A with the petition. It is further alleged that land was offered under Rule 87 of the rules. Amir chand produced relevant documents before the Managing Officer who passed an order on 23. 5. 1966 in favour of Amir Chand that agricultural land measuring 19 bighas and 4 biswas be transferred in favour of Amir Chand on payment of Rs. 33,880/ -. It is alleged that part payment was made in cash and rest was by way of adjustment of his compensations and that of his associates and thus entire amount of Rs. 33,880/- stood paid. On a reference being made by the Assistant Settlement Commissioner, the Chief Settlement Commissioner in exercise of power conferred under Section 24 of the Act vide order dated 10. 6. 1971 set aside the order of Managing Officer transferring the rural land measuring 19 bighas and 4 biswas and directed the department to reconsider the transfer of the land within the prescribed limit of Rs. 15,000/- to Amir Chand. The application filed by Amir Chand under Section 33 of the Act against the order of Chief Settlement Commissioner dated 10. 6. 1971 with the Central government was dismissed by the Director (Department of Rehabilitation) vide order dated 20. 8. 1975. Aggrieved with the orders dated 10. 6. 1971 and 20. 8. 1975 the present writ petition is filed.

(3.) THE case of respondents in counter affidavit is that Amir Chand was a landless claimant who had been allotted land as a measure of rehabilitation by the Department of Rehabilitation in the year 1950. The village was rural and was declared urban in 1957-58. It is alleged that Amir Chand was a landless claimant-allottee and had no right for the transfer of allotted land under Rules 49, 62 and 63 of the Rules, 1955. It is not disputed that in the year 1966 payment of initial instalment of reserved price was received from Amir Chand but it is stated that subsequently it was found that order passed by Managing officer was in violation of law. It is further stated that the land originally allotted to Amir Chand was rural agricultural land but it was subsequently declared as urbanized land and so the Rules 49, 62 and 63 had no applicability. It is further stated that there is no order of Managing Officer available in the office records as is alleged in the petition and the payment of Rs. 5176/- which was made in cash was accepted provisionally.