AMRIK SINGH, DECEASED, REPRESENTED BY HIS LEGAL REPRESENTATIVES MANJIT KAUR AND OTHERS Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) HOUSE No. 106/13, Hussainpura, Amritsar is an evacuee property. Amrik Singh (now deceased and represented by his legal representatives Manjit Kaur and Ors. occupied the upper Moor of this house whereas Anant Ram (now deceased) occupied the ground -floor. Amrik Singh was a non -claimant whereas Anant Ram was a claimant. The Rehabilitation Authorities offered the house for sale to Anant Ram, bat he declined to purchase it. The house was originally valued at Rs. 8073/ -. Later on it was revalued at Rs. 11382/ -. Amrik Singh filed an appeal against the order revising the value of the house which was dismissed by the Assistant Settlement Commissioner and also prayed for stay of the auction of the house. The interim stay was declined by order dated February 18, 1960, but a direction was ordered to be issued that the transferee be told that the sale would be void if the revision was accepted. The direction of the Chief Settlement Commissioner was conveyed to the Managing Officer vide Memo, dated February 23, 1960. The house was, however, auctioned on February 24, 1960, when the direction of the Chief Settlement Commissioner had not reached the Managing Officer. Parbati (now deceased) and represented by her son and legal representative Gurbaksh Singh Respondent) gave the highest bid of Rs. 11100/ -. Her bid was accepted on March 4, 1960. The interim direction issued by the Chief Settlement Commissioner was not conveyed to Parbati at any time. The entire amount of the bid offered by Parbati has since been adjusted from her claim.

(2.) THE Chief Settlement Commissioner accepted the revision of Amrik Singh vide order dated July 1,1960, with the result that the original valuation of the house at Rs. 8073/ - stood restored.

(3.) THE Rehabilitation authorities issued another press note extending the date for deposit of one fifth price of the evacuee property inoccupation of the non -claimants to August 31, 1962. On August 17, 1962, the Managing Officer again extended the order to Amrik Singh for purchase of the house if the same was still available for sale. This offer was made on the basis of an affidavit of Amrik Singh wherein he had averred that the house was still available for sale. The Managing Officer, however, withdrew the offer on February 12, 1963, on the ground that the house had already been auctioned Amrik Singh filed an appeal against the order of the Managing Officer dated February 12, 1963, which was dismissed by the Settlement Commissioner vide order dated July 17,1964. He then filed a revision which was dismissed by the Chief Settlement Commissioner vide order dated March 2, 1965. He then filed a petition under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, (hereinafter called the Act') which was dismissed on April 5, 1965. He assailed the orders of the Rehabilitation Authorities in C.W.P. No. 1831 of 1965 which was dismissed as withdrawn on September 5, 1966.