THE PUNJAB BUSINESS AND SUPPLY COMPANY PVT. LTD. Vs. FINANCIAL COMMISSIONER (REVENUE) AND SECRETARY TO GOVT. HARYANA, REHABILITATION DEPARTMENT AND ORS.

JUDGEMENT

(1.) The Petitioner Company has filed this writ petition under Articles 226 and 227 of the Constitution of India for quashing the order dated 6.6.1986, passed by the Financial Commissioner (Revenue) and Secretary to Government Haryana, Rehabilitation Department, exercising the powers of Central Government under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 (hereinafter referred to as 'the Displaced Persons Act').

(2.) I have heard learned Counsel for the parties.

(3.) In the present case, the Petitioner Company is claiming itself to be in possession of the land in question, measuring 712 square yards, comprised in Khasra Numbers 3152 and 3153, situated at Rohtak, as lessee. This land was belonging to erstwhile Nawab of Dujana. Undisputedly, the land in question became evacuee land and vested in the custodian of the evacuee property. In the year 1976, the Petitioner company applied for transfer of the said land. The Chief Settlement Commissioner, vide order dated 27.2.1976 ordered that price of the site be assessed and charges be recovered within 15 days, failing which the property be put to auction. The Petitioner company, being not satisfied with the said order, approached the Financial Commissioner under Section 33 of the Displaced Persons Act. During those proceedings, Vaish Education Society, Rohtak (Respondent No. 3) also got impleaded itself in the case. Thereafter, on the basis of the aforesaid order dated 27.2.1976, Tehsildar (Sales) Rohtak, asked the company to make payment at the rate of 131.25 per square yard, plus upto date rent and cost of the super structure, which was to be assessed by the PWD authorities. Thereafter, vide order dated 21.8.1979, the Financial Commissioner, while setting aside the order dated 27.2.1976, remanded the matter to the Chief Settlement Commissioner for deciding afresh.