UJAGAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) On wrong assumption that Nazar and Janga sons of Kora muslims had migrated to Pakistan their lands in India were wrongly declared as evacuee property and made part of the evacuee pool Later on a dispute being raised, it was found that the assumption was wrong and they had remained Indian citizens. Accordingly, the authorities of the Rehabilitation Department ordered that since they could not be restored back their original lands, they be allotted alternative land to the same extent from the evacuee pool As a result thereof they were given allottment of land in village Mohanpur, Sub Tehsil Guhla, District Karnal and in village Mandi Sadran, Tehsil Kuhla, District Karnal. These Lands were sold by them to favour of the petitioners.

(2.) Undisputably, these lands were recorded as Shamlat in the Revenue papers at the time of the partition and continued to be so thereafter Proceedings commenced to cancel the allotment of the petitioner (which included their vendors) on he assumption that the land being Shamlar had come to be vested in the Gram Panchayat over and above the alleged claim of the Rehabilitation Authorities, in treating it to be evacuee. Vide his order, dated 23rd September, 1969, Annexure 'B' the Authorised Chief Settlement Commissioner Haryana, Chandigarh, cancelled the allotment on that basis and held that the land did not vest in the custodian and consequently with the Central Government under the Displaced persons (compensation and Rehabilitation) Act (hereinafter referred to the Act) because I was Shamlat and stood vested in the Gram Panchayat. This view of the authorised Chief settlement commissioner is not good in law in view of a Division bench decision of this Court in Gram Sabha and Gram Panchayat Daha v. Chief Settlement Commissioner, 1973 Pun LJ 398. It has been held therein that the share of the evacuee in Shamlat land of villages from which Muslims Custodian by virtue of section 7 and 8 of Administration of Evacuee Property Act 1950 Besides the aforesaid Division bench judgment S. 4 of the Administration of Evacuee property Act 1950, which is being reproduced below.

(3.) For the foregoing reasons, this petition is allowed and the order Annexure 'B' dated 23rd September, 1969 passed by the Authorised Chief Settlement Commissioner is quashed, with no order as to costs.