GIRDHARI LAL BULAKI RAM Vs. L J JOHNSON

JUDGEMENT

(1.) This is a Petition of Writ on behalf of two petitioners, Girdhari Lal and Sardari Lal, praying for an appropriate writ directing that respondent No. 1, Shri L. J. Johnson, Joint Secretary, Ministry of Rehabilitation, Government of India, New Delhi, should be prohibited from dividing the properties horizontally as directed by him in his order elated the 9th of August, 1958. There is also a further prayer that respondent No. 2 should he ordered to accept the respective bids of the petitioners with regard to the properties in question.

(2.) The brief facts of this case are that there is a large building in Municipal ward No. XIV, Mohalla Chimni Mill, Bara Hindu Rao, Delhi, comprising of eight units hearing house-tax No. 8184 to 8196. This building has been declared an evacuee property under the Displaced Persons (Compensation and Rehabilitation) Act No. 44 of 1954, and the Central Government has acquired it and thereby it has become the part of the compensation pool within the terms of Section 12 of the Act. On 23rd of January, 1956, three persons -- Radha Kishau and Attar Singh respondents and another person Ascharj Lal filed applications before the Assistant Settlement Commissioner Contending that they were persons in occupation of certain units. Radha Kishan claimed to be in occupation of property No. 8193 and Attar Singh claimed to be in occupation of property No. 8194. Ascharj Lal, who is not a party in these proceedings, was in occupation of property No. 8186. The contention of these three applicants was that the property was allowable within Rule 22 of 1961 Punj. D.F./30. the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, and the respective portions in the occupation of each applicant should be allotted to him and not sold. These objections are said to have been dismissed. The Property was held to be not allottable and on 3rd of March, 1956, a proclamation for the sale of the property in one lot was made by the Government. On 28th of May, 1956, some units, comprising the building, were auctioned. The property which was subsequently auctioned was made into three separate lots. The first lot comprised of property Nos. 8186 and 8188 on the ground floor and No. 8187 on the first floor. This property was knocked down in favour of Girdhari Lal, petitioner. He was a displaced person and was in occupation of property No. 8191. His bid for the aforementioned three Properties was for Rs. 22100/-, which was the highest. The second lot was Purchased at the auction for Rs. 19250/- by the other petitioner, Sardari Lal, and had comprised of property Nos. 8189 and 8191 On the ground floor and 8190 on the first floor. He was in actual occupation of property No. 8189 and was a displaced person. With the third lot, which was purchased by one Dewan Chand, we are not concerned in these proceedings.

(3.) Rule 90 of the Statutory Rules lays down the detailed procedure for sale of property by public auction and it is not contended by the learned counsel for the petitioners that this procedure had not been followed. Radha Kishan and Attar Singh filed objections to the auction but their objections were rejected. On 14th of June, 1956, the Regional Settlement Commissioner communicated his acceptance of the bid in accordance with Rule 90 (ii) to the petitioners by a registered post. On 11th and 12th of July, 1956, the petitioners deposited the requisite sale price in the form of compensation due to them under verified claims in pursuance of Rule 90, Sub-rule (12).