MEGHRAJ NANDA Vs. CHIEF SETTLEMENT COMMISSIONER

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution by Megh Raj Nanda who challenges an order made by the Additional Settlement Commissioner on 26-2-1955. By this order the Additional Settlement Commissioner disallowed a claim made by the petitioner and verified by the Claims Officers in respect of leasehold rights in six soap-stone mines situated in area which is now part of Pakistan.

(2.) The facts briefly are that the petitioner submitted a claim under seven different items on 28-9-1950. In this claim two items related to factories owned by the petitioner. The remaining five items comprising six soap-stone mines related to leasehold rights held by the petitioner for a period of ten years. The total claim made by him was a little more than 74 lacs of rupees. The usual receipt for the claim form was given to him and the original receipt which was shown to me mentions the amount of the claim. The Claims Officer examined this claim and found it proved to the extent of Rs. 30,65,900/-. The order admitting the claim was made by him on 7-8-1952. The Additional Settlement Commissioner examined the case later upon a suo motu revision and he disallowed the entire claim relating to the leasehold rights. The claim in respect of the two factories owned by thepetitioner was not touched by him.

(3.) The Additional Settlement Commissioner has given two reasons for disallowing the claim in respect of leasehold rights. This claim may be divided into two parts (1) claim in respect of machinery, buildings and roads for which the petitioner incurred expenses and (2) the profits which he would have made by working the mines.