RAJINDER KUMAR KALIA Vs. CHIEF SETTLEMENT COMMISSIONER, PUNJAB

JUDGEMENT

(1.) This judgment of ours will dispose of Letters Patent Appeal No. 389 of 1983 (preferred against the judgment of the learned Single Judge in Civil Writ Petition No. 3026 of 1975) as also Letters Patent Appeal 390 of 1975 (preferred against the judgment of the learned Single Judge in Civil Writ Petition No. 3027 of 1975); Letters Patent Appeal No. 391 of 1975 (preferred against the judgment of the learned Single Judge in Civil Writ Petition No. 3028 of 1975) and Letters Patent Appeal No. 392 of 1983 (preferred against the judgment of the learned Single Judge in Civil Writ Petition No. 3155 of 1975). Detailed judgment was written by the learned Single Judge in Civil Writ Petition No. 3026 of the 1975 and other writ petitions mentioned above were dismissed as covered by the decision in Civil Writ Petition No. 3026 of 1975.

(2.) Briefly, the facts of the case, which are being taken from Civil Writ Petition No. 3026 of 1975 are as under :

(3.) Evacuee urban agricultural plot No. 1487, Jullundur, measuring 3 kanals 11 marlas was auctioned on 9th August, 1968, and the highest bid offered was that of the petitioner Shri Rajinder Kumar Kalia. The highest bid of the petitioner was approved by the Regional Settlement Commissioner and thereafter the sale in favour of the petitioner was completed. The Ministry of Rehabilitation, Government of India, having received complaints against he Regional Settlement Commissioner regarding the irregularities committed in the sale of urban properties including urban agricultural land, decided to review all cases systematically which were decided or finalised by the said Officer in 1968-69. The sale of evacuee urban plot No. 1487, Jullundur, having been made in favour of the petitioner by the said officer in the year 1968-69 was also scrutinised. It was found as a fact that there were only two persons who participated in the auction and the bid was completed in a couple of minutes. No wide publicity was given for conducting the auction and further it was conducted in a hush hush manner. A reference was accordingly made to the Chief Settlement Commissioner under Section 24(1) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter called the 'Act') for setting aside the sale of plot No. 1487 in favour of the writ petitioner.