FINANCIAL COMMISSIONER REVENUE Vs. SIFTE HASSAN

JUDGEMENT

(1.) The appellant prays that order dated 14.11.2011, allowing the writ petition, filed by the respondent, thereby setting aside order dated 12.05.1987 (Annexure P4), passed by the Financial Commissioner, declining the respondent's claim for restoration of evacuee property, under Section 16 of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as 'the 1950 Act') may be set aside. Counsel for the appellant submits that the claim of the respondent for restoration of property, in dispute, cannot be considered as Section 20-B of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as 'the 1954 Act'), has been declared to be unconstitutional being ultra vires, by the Hon'ble Supreme Court in 'Lachhman Dass and others etc. v. Municipal Committee, Jalalabad and others etc., 1969 AIR(SC) 1126 It is further argued that as 'the 1954 Act' has been repealed on 06.09.2005 and new enactment framed in 2008, does not contain any provision for any authority/forum, to restore the property declared as evacuee, the order of the Financial Commissioner declining the claim of the respondent is liable to be upheld.

(2.) Counsel for the respondent, on the other hand, submits that it is admitted by the appellants that the respondent never migrated to Pakistan as he temporarily shifted to Uttar Pradesh, to protect his life during riots, at the time of partition of the country. The property was, therefore, wrongly declared evacuee property and could not be distributed in the manner provided under the 1950 Act. Despite this admission by the appellants, they have refused to restore the property. It is further submitted that the respondent is entitled to restoration of his land situated in village Zabti Chhapra and Nabiabad, but he has made an offer that he confined his prayer to land in village Zabti Chhapra, which is in his possession.

(3.) We have heard counsel for the parties, perused the impugned order, order of the Financial Commissioner and the paper book.