CHANDGI RAM Vs. CHIEF SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) According to the petition, the petitioners are displaced persons from West Pakistan and North West Frontier Province, who had become refugees in India. The Central Government had taken to itself the task of rehabilitating such displaced persons. For this purpose, The Central Government as well as State Government had acquired vast track of land at various places including a lot of area to develop an Industrial Town at Faridabad. Initially an authority called Faridabad Development Board was constituted to take the task of rehabilitation of the displaced persons. In the Industrial Town at Faridabad, however, the said authority was wound up with the enactment called The Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter called 'the Act'). After the said Act had come into force, the properties so acquired for the purpose of rehabilitating displaced persons became part of compensation pool properties within the meaning of Section 14 of the Act.

(2.) Some houses were built in the Faridabad Town for rehabilitating the displaced persons. The petitioners were allotted the built houses alongwith appurtenant land ranging from 233 sq. yards to 313 sq. yards. The total consideration price of these houses ranged from Rs. 3000/- to Rs. 5000/-. These were allotted by the Managing Officer of the Ministry of Rehabilitation Government of India, at Faridabad on hire purchase basis at a monthly instalment of Rs. 6/to Rs. 18/-.

(3.) It has been further alleged in the petition that the frontage of the houses of the petitioners is on the main road and abutting the main road and in between the houses of the petitioners and the road, a vacant strip of land has been left from where the petitioners have ingress and egress to their houses from the main road through the said adjacent land. This adjacent land has also been referred to by the authorities as correctional area. It has been further averred in the petition that this adjacent land is so contiguous to the houses of the petitioners that practically it formed part of the houses and ever since the allotment of the houses they have been in possession of the adjacent land without any let or hindrance by any authority. It has also been stated in the petition that in the Township of Faridabad, there are many other similar houses like that of the petitioners, which had been allotted to some other displaced persons where also adjacent land abutted their houses. This adjacent land was transferred to those allottees by the authorities at a nominal rate of Rs. 3/- to Rs. 6/- per square yard. This was done by the Ministry of Rehabilitation Government of India. The names of such persons to whom adjacent land was transferred at nominal rate of Rs. 3/- to Rs. 6/- has been given in Annexure P-3 to the petition. 22 such names have be mentioned in that list. It is also the case of the petitioners that they themselves as well as through Faridabad Welfare Association (registered under the Societies Registration Act), which looks after the interest of the petitioners, made numerous representations to the department calling upon them to allot the adjacent land in their favour at the rate of Rs. 3/- to Rs. 6/- or any other reasonable rates. A copy of the application made by Shri T.R. Malhotra, dated 10. 1. 1964 has been appended as Annexure P-4 to the petition.