HAZOORA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will also dispose of L.P.A. No. 1370 of 1982, as both these appeals arise out of the same order of the learned Single Judge.

(2.) By virtue of the impugned order, three writ petitions, i.e. Civil Writ Petition Nos. 461 and 4143 of 1974 and 971 of 1975 were disposed of by the learned Single Judge. The same were dismissed. Admittedly, no letters patent appeal was filed against the judgment in CWP No. 4143 of 1974 and thus the said order has become final between the parties to the said writ petition. A preliminary objection was raised on behalf of the respondents that since no appeal was filed against the said judgment and the judgment being common it will operate as res judicate. We do not find any substance in the objection as the said writ petition related to a different parcel of land which has become final between the parties in that writ petition.

(3.) The brief facts, given rise to these writ petitions were that the writ petitioner (now the appellant Hazoora Singh who died during the pendency of the appeal), purchased two plots of urban evacuee land on February 21, 1966, in an open auction by giving the highest bids to the tune of Rs. 88,000/- and Rs. 27,000/-. Subsequently, on a revision petition under section 24 of the Displaced Persons (Compensation and Rehabilitation Act), (hereinafter called the Act), the Private respondents claimed to be in occupation of the land as sub-lessees who had already made applications in the year 1962 for the purchase of the land in terms of Rule 34-D of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, (hereinafter called the Rules) and the Chief Settlement Commissioner cancelled those auctions for a variety of reasons through two different orders on February 14, 1972 and August 26, 1971. The order of February 14, 1972, was the subject/matter of Civil Writ Petition Nos. 4143 of 1974, which has become final between the parties as no letters patent appeal has been filed therein. The order of August 26, 1971, was the subject-matter of Civil Writ Petition No. 461 of 1974, giving rise to Letters Patent Appeal No. 1370 of 1982. Those orders were later affirmed by the Financial Commissioner vide impugned order dated April 17, 1973 and December 21, 1973, under section 33 of the Act. On cancellation of those auction slaes in favour of the writ petitioners, the sale certificates issued in their favour were also cancelled and the cases were remanded to the subordinate authorities for consideration of the claims of the private respondents who, as indicated above, had made applications for the purchase of the plots. During the pendency of those proceedings, a part of the land, in question, measuring about two bighas was sold in favour of the private respondents through negotiated sale for Rs. 2,49,932/- in accordance with the latest policy of the Government vide which it was decided that even a person in unauthorised occupation of the evacuee land was entitled to get the land transferred through negotiated sale. It was this sale made in favour of the private respondents which was challenged in Civil Writ Petition No. 971 of 1975, giving rise to Letters Patent Appeal No. 1371 of 1982.