SAT PARKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) WHETHER the petitioners are entitled to allotment of land under the Punjab Package Deal Properties (Disposal) Act, 1976 (for short, 'the 1976 Act') read with the Punjab Package Deal Properties (Disposal) Rules, 1976 (for short, 'the 1976 rules') and whether the Chief Settlement Commissioner, Punjab (respondent No. 4) had the jurisdiction under section 24 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short, 'the 1954 Act') to set aside the allotment of land made in their favour are the main questions which arise for determination in this petition filed by Sat Parkash and Om Parkash for quashing orders dated Ist April, 1985 (Annexure P.11) passed by respondent No. 4 and dated 20th August, 1985 (Annexure P.12) passed by the Financial Commissioner, Revenue and Secretary to Government, Punjab Rehabilitation Department (respondent No. 3) respectively.

(2.) SHRI Nanak Chand (grandfather of the petitioners) owned 18 acres, 6 kanals and 7 marlas of land in village Chak Chaudhariwala, Tehsil and District Gujranwala (now a part of Pakistan). He had one son, namely Shri Kundan Lal, who was married to Smt. Krishnawanti. The petitioners are the sons of Shri Kundan Lal and Smt. Krishnawanti. Shri Nanak Chand is said to have gifted the entire land to the petitioners because Shri Kundan Lal was of unsound mind. In 1947, Smt. Krishnawanti migrated to India along with the petitioners. At that time, petitioner-Sat Parkash was 11 years of age and petitioner-Om-Parkash was 7 years of age. After 31 years of their migration, the petitioners submitted application dated 12th June, 1978 (Annexure P.1) to the Land Claims Officer, Punjab, Department of Rehabilitation. Jalandhar for consideration of their claim for allotment of land in lieu of land left in Pakistan. The Managing Officer (Lands), Jalandhar rejected their application vide his order dated 23rd June, 1978 on the ground that the same was time barred. The Settlement Commissioner, Punjab accepted the appeal filed by the petitioners and remanded the case to the Managing Officer for fresh decision. The Assistant Registrar (Lands)-cum-Managing Officer, Rehabilitation Department again rejected the claim of the petitioners vide order dated 27th February, 1979 (Annexure PA) by observing that even though the applicant (petitioners herein) were minor at the time when Mutalba claim could be filed, they were 27 years and 23 years old respectively as on the cut-off date i.e. 31st December, 1963 fixed for filing of application, but they did not do so till June, 1978 and, therefore, their application was liable to be dismissed as barred by time.

(3.) AFTER taking possession of 40 kanals and 11 marlas land, the petitioners sold 31 kanals 19 marlas to Smt. Lilawati and Miss Karuna, wife and daughter of Girdhari Lal vide sale deeds dated 22nd November, 1982. They sold the remaining land measuring 8 kanals and 12 marlas of land to Sohan Singh and Surain Singh by separate registered sale deeds executed in 1983.