RAJNANDINI BURDHAW ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an appeal against an order of Mukherji, J. , dated the 21st november, 1963 dismissing the petition and discharging the Rule.

(2.) THE facts are very clearly stated in the judgment of the Court below and i shall only repeat the essential facts. The application was made by a number of displaced persons and the matter arises in respect of proceedings under the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised occupation of Land Act, 1951 (hereinafter referred to as the "said Act'") and the Rules made thereunder known as the Rehabilitation of Displaced Persons and Eviction of Persons in Unauthorised occupation of Land Rules, 1951 (hereinafter referred to as the "said Rules" ). The appellants and the Respondents Nos. 9 and 10 were declared as bona fide displaced persons from Pakistan, in unauthorised occupation at 13/2, Munshipara Lane in the city of Calcutta. The respondent Nos. 4 to 8 purchased a portion of the siad premises. They filed an application before the 'competent authority" under the said Act for compensation and eviction of the said petitioners. On the 1st may, 1953 the competent authority passed an order declaring the appellants and respondent Nos. 9 and 10 as bona fide refugees and ordering that they should vacate the premises within ninety days from the date of the order but also holding that they were entitled to protection under section 4, and therefore, a copy of the order should be communicated to the Commissioner, relief and Rehabilitation for furnishing alternative accommodation. By an order dated the 1st December, 1953 the persons in unauthorised occupation were ordered to pay compensation until they vacated the rooms. So far as the applicants in the court below are concerned, they failed to pay any compensation or consideration for occupation. An application was made for execution on the 3rd January, 1s59. On the 13th April, 1959 after hearing all parties, the Competent Authority passed the following order:

(3.) BEFORE I proceed further, it is necessary to deal with the provisions of the said Act. The said Act is an Act to provide for the rehabilitation of displaced persons and eviction persons in unauthorised occupation of lands and for certain matters connected therewith. Under section 3 (1), an owner of any land may at any time before the expiry of the 31st day of march, 1957 make an application in the prescribed manner to the "competent authority" for the eviction of persons in unauthorised occupation of the land provided that such unauthorised occupation commenced before the 1st day of october, 1946. Sub-section (2) provides that on receipt of such application, the Competent authority shall make such enquiry as it thinks fit, and shall, by notice served in the prescribed manner on every person who appears to it upon such enquiry to be in unauthorised occupation of the land, require him to show cause within thirty days of the service of the notice why he should not vacate the land and pay to the owner, compensation for unauthorised occupation. Under sub-section (3) , the "competent Authority" after such proceedings may order any person in unauthorised occupation to vacate the land within such time, not being less than thirty days from the date of the order and may fix such compensation as he may deem fit. Under sub-section (4) , if any person against whom an order under sub-section (3) has been made directing to vacate the land, refuses or fails to vac ate the land within the time fixed, then the otrder may be executed in the manner prescribed. We now come to section 4 which gives some protection to displaced persons. The provisions of sub-section (1) of section 4 are set out below :-