AJAB LAL SAHNI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE facts leading to this petition under Articles 226 and 227 of the Constitution of India are not in dispute and may be stated here briefly. The petitioner is a displaced person from West Pakistan where he owned immovable property for which his claim was duly verified by the Rehabilitation authorities and the compensation payable to him in lieu of the said claim was determined at Rs. 3,666/ -. After the formation of Pakistan in 1947 he settled down at Ludhiana and obtained some land situated there on lease from one Girdhari Lal for the construction of some buildings. Girdhari Lal professed to have purchased the land from one Dr. Nazim-ud-din through a sale deed executed on the 13th of August, 1947. The petitioner constructed a bungalow on the land some where in the year 1955-56. It transpired later on, however, that in the land was included some area which was evacuee property and which had not been purchased by Girdhari Lal from Nazim-ud-din.

(2.) A decision has been taken by the Central Government that if a displaced person was in possession of evacuee property with effect from the 31st of December 1957, or an earlier date, without proper allotment, such possession should be regularised in his favour provided he paid all arrears of rent in respect thereof. The petitioner made an application to the District Rent and Managing Officer, Ludhiana, for regularisation of his possession over that part of the land transferred to him by girdhari Lal which the latter had not purchased from Dr. Nazim-ud-din and which was, therefore, evacuee property. The application was accepted on the 7th March, 1961. On the condition that the petitioner paid all arrears of rent up-to-date (vide order Annexure 'a' to the petition ). The rent of the evacuee property in his possession was determined at Rs. 3. 50 per mensem (vide order Annexure "b" to the petition ). The petitioner duly paid the arrears of rent.

(3.) THE possession of the petitioner with regard to that part of the land which was evacuee property having been regularised, he became entitled under R. 25 of the displaced Persons (Compensation and Rehabilitation) Rules, 1955 (hereinafter to be referred to as the Rules) to a permanent transfer thereof in the favour. Proceedings in that connection were initiated and by a communication dated the 25th of April, 1963 (vide Annexure "c" to the petition) the Assistant Settlement office. Jullundur (respondent No. 4) informed him that the valuation of the evacuee land in question had been fixed at Rs. 14,146/- and that the compensation of Rs. 3,666/- mentioned above was being adjusted thereagainst.