KIMAT RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution by Kimat Rai who is a displaced person from Sind. He is of Sindi origin and, after the partition of the country, he apparently settled at Bombay where he got his claims for considerable agricultural land left by him verified under the Displaced Persons (Claims) Act, 1950 (Central Act No. 64 of 1950). These verified claims are Annexures 'A' and 'A-1' to the writ petition and are of the year 1968. Thereafter, Kimat Rai, Chandi Ram and Shrimati Kamla Devi, who were apparently joint claim holders, made an application to the Chief Settlement Commissioner at Delhi for allotment being made to them in Punjab against their verified claims. They were informed on the 16th January, 1969, vide copy Annexure 'J', to contact Assistant Settlement Commissioner Incharge, Bombay, who had been addressed in the matter. The Managing Officer, Bombay, vide Annexure 'K', addressed a letter dated the 5th March, 1969, to the Land Claims Officer, Rehabilitation Department, Civil Secretariat, Jullundur (Punjab), that the above mentioned three persons, including the writ petitioner, having applied for allotment of agricultural land in Punjab in lieu of their land claims, the claim of Kimat Rai was being sponsored to him for allotment of land in satisfaction of his land claim. Details of the claim were given in this letter. The Managing Officer was asked to give certain information with regard to this claim vide Annexure 'L', and by a letter dated the 5th April, 1969, copy Annexure 'M', this information was duly furnished. Vide copy Annexure 'N' the Rehabilitation Department, Punjab, made further enquiries from the writ petitioner. Later, however, the Punjab Government refused to make any allotment. Hence this writ petition.

(2.) The history of the allotment of agricultural land to the displaced persons in the State of Punjab was given in detail in the Land Resettlement Manual by Tarlok Singh (hereinafter referred to as the Manual). In the earlier stages, after partition, a decision was taken by the East Punjab Government that the Government will settle and rehabilitate in the East Punjab and in the Patiala and East Punjab States Union (Pepsu) all the displaced persons from West Pakistan of Punjabi extraction who had left agricultural land in Sind, North West Frontier Provinces, Bahawalpur and Baluchistan. This is clear from paragraph 3 at page 31 of the Manual.

(3.) Later, i.e., in the year 1954 a decision was taken that those persons who were not of Punjabi origin but were displaced persons from Bahawalpur, Sind, etc., and who had permanently settled in Punjab and Pepsu, should also be given land, in lieu of the agricultural land left by them, in Punjab, Subsequently, the Central Government wrote to the State Rehabilitation authorities stating that there were a number of unsatisfied land claimants in Delhi who got their compensation applications registered with the Regional Settlement Commissioner, Delhi, that the allotment of land made to them in Delhi was being cancelled and that for such persons about 5000 standard acres of land would be required to satisfy their claims. An enquiry was made if the requisite area could be found for such claimants, preferably in Rohtak, Gurgaon and Karnal the three neighbouring districts of Delhi. In reply the Central Government was informed that there was a total area of 6927 standard acres in Karnal, Rohtak and Gurgaon districts which could be made available for satisfying the claims of non-Punjabi displaced persons settled in Delhi. It was, however, pointed out that most of the land available was in the Bet area and that the claims of the displaced persons, who desired such allotment may be forwarded immediately, because the Department was at a winding up stage. It appears that in pursuance of this, a number of claims were sent by the Central Government to the State Government and were satisfied. Thirtieth of June, 1964, was fixed as the last date for sponsoring the cases by the Regional Settlement Commissioner, Delhi. It further appears that even after this date some 30 odd cases which had been left out inadvertently, were also accepted by the State Government. Thereafter, a request was made to accept a few other cases and this was also done in the year 1966, as is clear from the D.O. letter dated the 6th December, 1966. All these facts are mentioned in paragraph 4 of the affidavit filed by D.S. Chaudhry, Deputy Secretary to Government, Punjab Rehabilitation Department, in this Court on 8th September, 1972. It is further made clear in that very paragraph that the area allotted before the 30th June, 1964, was over 5000 standard acres and that the area allotted after the 30th June, 1964, which was the target date, up to the 31st August, 1972, was nearly 900 standard acres in Punjab and more than 750 standard acres in Haryana, the total being 6,938 standard acres.