BISHAN DASS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners impugn the orders of Assistant Settlement Officer (Sales)-cum-Managing Officer dated 17.9.1975 (Annexure P.4), Settlement Commissioner dated 16.2.1976 (Annexure P.5), Chief Settlement Commissioner dated 6.4.1977 (Annexure P.6) and the Financial Commissioner dated 19.9.1978 (Annexure P. 7) exercising the powers of the Central Government under Section 33 of the Displaced Persons (C&R) Act, 1954 (for short, the Act) whereby their prayer for transfer of the land in their possession under Rule 34-C has consistently been rejected.

(2.) The undisputed facts are that petitioner's father was a sub-lessee of 8 Kanals and 5 Marlas of land (Khasra No. 169) situated within the revenue limits of Pathankot. The land in question was valued at Rs. 3000/- per Kanal for purposes of transfer by the Assistant Settlement Commissioner in terms of Rule 34-B on 17.11.1969 vide his order Annexure P.2. This order was got noted from those petitioners' predecessor-in-interest, that is their father Khushi Ram on 25.11.1969. Khushi Ram died on 5.10.1974. It is the conceded position that neither Khushi Ram nor petitioners challenged this order of the Assistant Settlement Commissioner dated 17.11.1969 (Annexure P.2) before any of the authorities under the Act. The claim of the petitioners as already indicated has been declined by the Financial Commissioner vide Annexure P.7 primarily on the grounds-firstly that the value of the land to be transferred was more than Rs. 15000/- and secondly in view of the provisions of Rule 34-D(3), the said Khasra number could not be partitioned.

(3.) The orders referred to above are now impugned primarily on the grounds that firstly the Financial Commissioner was not justified to make a reference to Rule 34-D(3) as the said rule is attracted only if the land to be transferred consists of more than one Khasra number and secondly the valuation of the land which was determined by the Assistant Settlement Commissioner on 17.11.1969 vide Annexure P.2 was not based on any rationale or material before him.