BALWANT SINGH Vs. DEPUTY CHIEF SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) THE short bout important question that arises for decision in this writ petition is whether it is necessary to give an opportunity to an allottee or lessee of acquired evacuee urban agricultural lands to show cause why the land in the occupation of the lessee may not be valued at any particular rate under R. 34-B of the Displaced persons (Compensation and Rehabilitation) Rules, 1955 as amended in 1960 (hereinafter referred to as the Compensation Rules) either at the initial stage or at anyone subsequent stage; or whether the fixation of such value under the aforesaid R. 34-B for the purpose of deciding the rights of the allottee or occupant of the land under R. 34-C of the Compensation Rules is such an administrative matter, in the decision of which the allotte cannot claim a right to be associated with.

(2.) SHORN of all details, the admitted facts giving rise to this petition are these.

(3.) THE petitioners, who are three real brothers, are displaced persons from what is now known as West Pakistan. Their father Sawan Singh, was a Claim-holder in respect of urban agricultural land. Some land in Basti Danishmandan within the urban area of Jullundur was leased out to Sawan Singh. After his death the lease was continued in the name of the three petitioners who are mow the claimholders.