SHANKERDAS LOHANA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) THIS writ petition has been filed aggrieved by the order Annexure/P -16 passed by the respondent No. 2, State of M.P. directing the ejectment of the petitioner and to record the name of Union of India, passed on 6 -8 -1988 by the Rehabilitation Department of Government of Madhya Pradesh.

(2.) PETITIONER avers that Shri Kalumal was a displaced person. He was resident of Sindh Prant the erstwhile undivided Hindustan. After independence Kalumal came to India and was a displaced person within the meaning of section 2(b) of Displaced Persons (Compensation and Rehabilitation) Act, 1954, hereinafter referred to as the "Act". Claim of Kalumal was verified by Government of India at Rs. 1,25,741/ - with respect to the house and 16.241/320 units of agricultural land which he left in Sindh Prant, Kalumal settled at Jabalpur. He applied for grant of compensation and allotment of land in the District of Jabalpur. Kalumal died leaving behind his two sons; Gianchand and Shankerdas. Both applied to the settlement officer under the Act to put them on record each claiming half share in compensation. Report was prepared by settlement officer on 20 -2 -1956. Shankerdas and Gianchand were recognized to be legal representatives as per order Annexure -P/1.

(3.) LATE Kalumal was allotted 36 standards acres equal to 90 acres land at village Pipariya and Lakhanwara of Patwari Circle No. 58 of Jabalpur District. This order was issued on 26 -6 -1956. Petitioner was allotted 18 standard acres equal to 45 acres of land. Two cases for disbursement of compensation were started; one in the name of Gianchand and other in the name of the petitioner; Shankerdas. In the compensation case of the petitioner 18 standard acres land was adjusted in statement of account issued to him. One Ashok Kumar son of Gianchand wanted to grab the land. On 3 -1 -1970 the Managing Officer ordered the petitioner to surrender possession of the land without giving opportunity of hearing. Petitioner appealed to the higher authorities. The Assistant Settlement Commissioner, New Delhi, issued an order restraining the dispossession on 31 -3 -1970. In the appeal Ashok Kumar filed an application to join as a party. The application filed by Ashok Kumar was dismissed. Ashok Kumar filed a revision under section 24 of the Act of 1954. Chief Settlement Commissioner rejected the revision as per order Annexure -P/7 dated 26 -11 -1971.