CHANDRU MIRCHANDANI Vs. SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) Rule returnable forthwith. By consent of the parties, heard finally.

(2.) The only prayer as made in this petition filed under Article 226 of the Constitution of India is that the respondents be directed to allot land / plot to the petitioner under the provisions of the Displaced Persons (Rehabilitation and Compensation) Act, 1954 (for short 'the Displaced Persons Act"), equivalent to the area of land allotted to the petitioner's father in the year 1969, from the compensation pool, of the evacuee properties available with the Custodian. The substantive prayer as made in the petition is required to be noted which reads thus:

(3.) The petitioner contends that the petitioner's father at the time of partition had left lands in Pakistan, hence under the provisions of the Displaced Persons Act, the petitioner's father had become entitled for allotment of land. He had accordingly made an application for allotment of land. On such application, the claim of petitioner's father was verified at Rs.21,878.00, equivalent to area 91-12 1/2 Local Acres. The petitioner has referred to the provisions of the Displaced Persons Act in relation to the amount of compensation which would become payable qua the lands left by the petitioner's father in Pakistan. It is the petitioner's case that his father Kishinchand P. Mirchandani after migration was staying in and around Mumbai. He expired on 21/12/1972.