SATRAMADAS RAMDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are aggrieved by the order dated 13-7-1995 passed by the Secretary of the Government of Maharashtra, Revenue and Forest Department exercising powers vested in him as Secretary (Relief and Rehabilitation) under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. By this order, the allotments made in favour of the petitioners granting excess area to them has been cancelled and the rent is resumed to the Government.

(2.) The petitioners are displaced persons who arrived in India after partition. They were allotted accommodation in barracks which were available in 1947. These barracks were part of the compensation pool of properties created under section 14 of the Displaced Persons (Compensation and Rehabilitation) Act 1954. The Petitioners were sold these rooms by the Managing Officer in 1965. A policy was introduced by the Central Government to allot each displaced person an area which was double the built up area in his occupation. Besides this, it was declared that the adjacent strip of land contiguous to the tenement allotted could be sold to the owners of the tenements or rooms in order to maintain uniformity of the tenure of the plot. This policy was adopted by the Government of Maharashtra in 1973 and a circular to that effect was issued on 27-4-1973.

(3.) The Managing Officer drew up a list of owners of rooms to whom strips of lands contiguous to their rooms could be sold. The Managing Officer was then vested with the powers to dispose of these strips of land in accordance with circular of 27-4-1973. Accordingly, on the basis of the recommendations and the government clearance obtained by the Managing Officer, the petitioners were allotted additional strips of land. They paid the purchase price determined by the officer and have erected the structures on these plots. The petitioners contend that they are residing in these plots from 1988.