ROMESH CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the writ petitions challenge the orders passed by the Financial Commissioner (Revenue)-cum-Secretary to Government of Haryana arrayed as respondent No. 3 annulling the sale made already in favour of the respective vendors by the Custodian under the Administration of Evacuee Property Act, 1950 (for short, 'the 1950 Act'). The petitioners in both the cases are the respective purchasers of the rights of three persons namely Hari Gopal, Ram Chand and Chuni Lal, who were the original transferees from the Custodian under the 1950 Act.

(2.) THE admitted case is that the properties represented 2/3rd share that was held by the aforesaid three persons as permanent lessees. The ownership in the property was claimed by one Capt. Nuru-ul-din and after the partition, the proprietary right of 2/3rd share become vested in the custodian under the 1950 Act. The Assistant Custodian, Jullundur vide his order dated 26.05.1961 (Annexure P-3) held that the aforesaid three persons were entitled to get 2/3rd share of the proprietary right in recognition of the right under the perpetual lease. The Assistant Settlement Officer conveyed to the Regional Settlement Commissioner the approval of the Custodian General for sale of the proprietary rights in 2/3rd share to the aforesaid three persons under Section 10(2) of the 1950 Act at a price of Rs. 3,373.33. It must be noticed that the possessory rights were already with the aforesaid three persons. In pursuance of the sale by an indentures dated 03.02.1969, the property had been sold to the aforesaid three persons at the price mentioned already in the letter of the Assistant Settlement Officer. This property came to be subsequently sold in favour of the present petitioners.

(3.) THE impugned order came to be passed only when the Financial Commissioner held under the 1954 Act that the price that had been fixed and sold by the Custodian was inadequate and brought out in his order by reference to several sales of property in the village showing the average sale price at the auctions fetched Rs. 54.37 per sq. yard and the price at which the property was sold to the petitioners/vendors had been @ Rs. 10/- per sq. yard only. He, therefore, redetermined the price and held that the minimum price should have been Rs. 40/- per sq. yard and the amount be paid within three months, failing which the steps must be taken to resume the property and action be taken according to the rules.