NIHAL CHAND Vs. GOVERNMENT OF INDIA NEW DELHI

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India filed by Nihal chand. This petition came up for hearing before Gosain, J,, in the first instance. In view of the importance of the question involved, the learned Judge directed that the matter be decided by a larger Bench and that is how the matter has been placed before us.

(2.) NIHAL Chand is a displaced person. He filed a claim in respect of properties left by him in Pakistan and the same were valued to the extent of Rs. 81,188/ -. Thereafter he made an application for payment of the compensation under section 4 of the Displaced Persons (Compensation and Rehabilitation) Act (No. 44 of 1954)hereinafter referred to as the Compensation Act-and in this application he stated that he was the karta of the joint Hindu family consisting of himself, his sons and his grandsons; and that the compensation should be assessed on the basis of rules 19, 19-A and 19-B of the Displaced Persons (Compensation and rehabilitation) Rules, 1955. His claim was negatived by the authorities under the compensation Act on the ground that when he made his claim under the Displaced persons (Claims) Act (No. 44 of 1950)-hereinafter referred to as the Claims Act-he had stated that he was the sole owner of the properties left in Pakistan. In that application he never claims that those properties were joint Hindu family properties. It is on the basis of this that the Rehabilitation authorities refused to recognise the joint Hindu family of which he claimed to be the Karta as a unit for the purpose of compensation and merely treated Nihal Chand as individual owner and directed the compensation to be paid to him on that basis. This order was, on appeal, upheld by the Assistant Settlement Commissioner exercising the powers of the chief Settlement Commissioner. It is against the order of the Chief Settlement commissioner that the present petition is directed.

(3.) THE contention of the learned counsel for the petitioner is that the stage when a claim on the basis of joint Hindu family is to be made and adjudicated upon is when the claim to compensation is made under the Compensation Act and that under the Claims Act there was no question of the petitioner claiming the compensation on behalf of the joint Hindu family. The authorities under the Claims act were only required to assess the value of the claim and not to determine whether the applicant was an owner or merely held interest in immovable property left in Pakistan, in lieu of which the claim was made. On the other hand, the learned counsel for the Department contends that in view of the clear statement of nihal Chand when he made the claim under the Claims Act that he owned the properties absolutely, it is not open to him to shift his ground and claim compensation on the basis that the properties belonged to the joint Hindu family of which he was the karta.