BISHAN SINGH S LADHA SINGH Vs. CENTRAL GOVERNMENT

JUDGEMENT

(1.) These are two writ petitions (Nos. 1307 and 1313 of 1959) under Articles 226 and 227 of the Constitution of India challenging the validity of two press notes issued by the Central Government and one Memorandum issued by the Chief Settlement Commissioner, Ministry of Rehabilitation, New Delhi. This judgment will dispose of both the writ petitions as the learned counsel for the parties agree that though the facts in writ petition No. 1313 of 1959 are somewhat different from writ petition No. 1307 of 1959 but the questions for determination are the same and both of them can be disposed of by this judgment.

(2.) The petitioner in this case (Civil Writ No. 1307 of 1939) is a displaced person from West Punjab and has now settled at Jullundur. In lieu of his agricultural land within the corporation area of Lahore, the petitioner after his migration to India was given on lease 46 Kanals of evacuee agricultural land within the municipal area of Jullundur City. His lease was renewed from year to year and he has been in possession of this land ever since. In 1954 the Displaced Persons (Compensation and Rehabilitation) Act, No. 45 of 1954, was enacted to provide for the payment of compensation and rehabilitation grants to displaced persons and the Central Government acquired all the evacuee property, including the land in dispute which is urban agricultural land, and put it in the compensation pool. On the 4th June 1957, the Central Government issued the following press note in which it was mentioned as to how these urban agricultural lands would be permanently transferred: 'Evacuee urban agricultural lands in the Punjab and in the erstwhile Pepsu Union had been given temporarily on lease to displaced persons who had left such lands in West Pakistan. The leases were renewed from time to time. There has been a demand from displaced persons to whom these lands had been leased out that they should be transferred to them permanently. These demands have been made both by the original lessees and by displaced persons who are sub- lessees and who have been in actual cultivating possession. Government has carefully considered this question and in order to avoid hardship to displaced persons who are in occupation of these lands, has decided to treat them in the same manner as other urban evacuee property in the matter of allotment. 2. In accordance with this decision urban agricultural plots which do not exceed Rs. 10,000/- in value will be transferred at the reserve price on the following conditions:

(3.) The price of lands allotted to occupants will be recoverable in accordance with the provisions of the Displaced Persons (Compensation arid. Rehabilitation) Rules, 1955 and instructions issued from time to time. After these evacuee urban agricultural lands have been valued notices will be served on the lessees or sub-lessees, as the case may be, calling upon them to prove their eligibility for allotment. These notices will be served through the offices of the Regional Settlement Commissioner, Jullundur, and the Regional Settlement Commissioner, Patiala.