MUNICIPAL COMMITTEE Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Surinderpal Singh (now deceased and represented by his two widows Darshanjit Kaur and Mohinder Kaur respondents) was the lessee of urban evacuee agricultural land of various Khasra numbers, including Khasra No. 115/38 in the revenue estate of Samana, District Patiala. The lessee of urban evacuee agricultural land of more than one Khasra numbers is entitled to transfer of such land out of the leased area as Regional Settlement Commissioner may select subject to aggregate value of Rs. 15,000/- under Rule 34-D of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955. After the death of Surinderpal Singh lessee, his widow Darshanjit Kaur respondent as successor-in-interest of her husband applied to the Managing Officer (Urban Lands) for the transfer of Khasra Nos. 14, 15, 16-Min. 17, 18, 23, 24/1, 8/20, 14/3 Min and 90. She did not ask for the transfer of Khasra No. 115/38. Her prayer for transfer of land was declined. She approached the higher authorities for relief and the Authorised Chief Settlement Commissioner vide order dated January 17, 1967, held that the request for transfer of land in favour of Darshanjit Kaur had been wrongly refused. The case was remanded for fresh determination of her eligibility for the transfer of land. On remand, Darshanjit Kaur submitted an amended application on November 26, 1968, for the transfer of various Khasra Nos. including Khasra No. 115/38. She was allowed the transfer of land measuring 54 Kanals 14 Marlas of the value of Rs. 14,760/- excluding Khasra No. 115/38. Khasra No. 115/38 measuring 17 Kanals 16 Marlas was not transferred in her name as it stood already transferred by negotiation in favour of Municipal Committee, Samana, for Rs. 13400/-. Darshanjit Kaur approached the Chief Settlement Commissioner seeking transfer of Khasra No. 115/38. The Chief Settlement Commissioner vide order dated February 189, 1970 (Annexure 'E') held that it is not the option of the lessee (Darshanjit Kaur) to choose any Khasra number for transfer as she likes. The choice is necessarily to be of the Regional Settlement Commissioner. The prayer of Darshanjit Kaur for the transfer of Khasra No. 115/38 was declined. Darshanjit Kaur then filed a petition under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act (hereinafter the Act). During the pendency of this petition, Mohinder Kaur respondent also claiming to be another widow of Surinderpal Singh lessee joined the proceedings. This petition was accepted by Financial Commissioner Taxation vide order dated November 13, 1972 (Annexure 'F'). It was held that the right of the widows of Surinderpal Singh to get allotment (transfer) of land to the extent of eligibility has been infringed. Their right has been restricted on account of prior transfer of Khasra No. 115/38 in favour of Municipal Committee, Samana. The order of the Chief Settlement Commissioner, dated February 18, 1970 (Annexure 'E') was set aside with the direction that the claim of the widows of Surinderpal Singh be decided first and the surplus land in their possession be disposed of afterwards. The Municipal Committee, Samana, has assailed the order of the Financial Commissioner Taxation Annexure 'F' in the present writ petition.

(2.) The Municipal Committee, Samana, approached the Regional Settlement Commissioner vide letter No. 2164 dated September 12, 1966, requesting for the transfer of Khasra No. 115/38 measuring 17 Kanals 16 Marlas for constructing late Pt. Jawahar Lal Nehru memorial. The Regional Settlement Commissioner assessed the price of this Khasra No. at Rs. 13,400/- vide letter dated January 10, 1967 (Annexure 'B') sought the approval of the Municipal Committee, Samana, to enable him to refer the matter to the Chief Settlement Commissioner for necessary action. The Municipal Committee, Samana, agreed to purchase this Khasra number at the assessed price. The Regional Settlement Commissioner vide order dated June 10, 1969 (Annexure 'C') accorded the sanction for sale by negotiations of this Khasra No. for Rs. 13,400/- in favour of Municipal Committee, Samana. The amount of Rs. 13,400/- was deposited by the Municipal Committee, Samana with the Rehabilitation authorities, and the Regional Settlement vide letter dated August 13, 1969, directed the Settlement Officer Urban Land to issue the conveyance deed in favour of Municipal Committee, Samana. It is significant that the order regarding the sale by negotiations of Khasra No. 115/38 in favour of Municipal Committee, Samana, was not specifically assailed by the widows of Surinderpal Singh lessee.

(3.) A lessee of evacuee urban agricultural land is entitled to the transfer thereof under rule 34-D of the said Rules which reads :-