RAM NATH Vs. CENTRAL GOVERNMENT NEW DELHI

JUDGEMENT

(1.) NUMEROUS displaced persons left urban agricultural lands in Pakistan. They were allotted similar lands in Indian whenever possible under evacuee legislation. Some of these displaced persons who owned such lands within the corporation area of Lahore and within the municipal limits of Gujranwala were leased or allotted similar lands within the municipal area of Jullundur, ferozepore and Amritsar. When the Displaced Persons (Compensation and Rehabilitation) Act 1954, was enacted, the Government acquired these lands and put them in the compensation pool. The Central Government on 4-6-1957 issued a press note indicating the method by which these lands would be permanently transferred. Another press note was issued on 15-10-1958 modifying the previous press note. The Chief Settlement Commissioner on 27-11-1958 issued a memorandum purporting to clarify the terms of the press notes issued by the Central Government. According to these instructions the lessees of urban agricultural lands were given the right to select one plot, that is, one khasra number of the value of less than Rs. 10,000/- and the rest was intended to be sold by auction. Accordingly the Managing Officer called upon the displaced persons concerned to make the necessary selection for permanent transfer thereof to them Dissatisfied with these demands some of the displaced persons have filed separate petitions under Art. 226 of the Constitution challenging the validity of these Government press notes and the memorandum issued by the chief Settlement Commissioner. Some of these petitions are these (Civil Writs Nos. 345, 346, 352, 353, 364, 366, 367, 368, 369, 370, 395 and 711 of 1959 ). The learned counsel for both sides agree that in spite of different facts in each petition, the question that requires determination in all these cases is the same and that it will be convenient to decide them all by one judgment. In fact only Civil Writ No. 395 of 1959 was argued before me and it was stated that the same arguments are relevant in all other petitions. I shall, therefore, decide all these writ petitions by this judgment.

(2.) WHEN in 1947 at the time of partition of the country Hindus and Sikhs migrated en masses from West Punjab and Muslims left this country, it became necessary to resettle the displaced persons and to get the evacuee lands cultivated. The mode adopted for giving evacuee lands to the displaced persons is described in detail by Shri Tarlok Singh in his well known Land resettlement manual and this Manual has been accepted by the Supreme Court as a work of authority. At page 100 of this Manual Shri Tarlok Singh has stated--

(3.) THESE leases and allotments made by the Custodian were, however, of temporary nature. In 1954 the Government of India came to the conclusion that the evacuee property should be dealt with on permanent basis and the displaced persons should be given final compensation. Accordingly it enacted the Displaced Persons (Compensation and Rehabilitation) Act (Act No. 4 of 1954 ). Section 14 of this Act constituted a compensation pool which inter alia consisted of all evacuee property acquired under S. 12 of the Act. The Central Government acquired the evacuee urban agricultural lands besides other agricultural lands etc. Under S. 4 of the Act all displaced persons having verified claims were to apply for payment of compensation. This was done. Section 8 lays down the mode of payment of compensation. Under this provision the compensation may inter alia be paid by sale of any property or by any other mode of transfer to the displaced persons from the compensation pool. The Central Government under S. 40 has been empowered to make rules to carry out the purposes of the Act and in particular inter alia to provide for the scales according to which, the form and manner in which, and the instalments by which, compensation may be paid to displaced persons. Exhaustive rules under this Act have been made and are known as "displaced Persons (Compensation and Rehabilitation) Rules, 1955" which have been modified from time to time. These Rules are divided into chapters. Chapters V to X deal with payment of compensation out of various categories of evacuee properties constituting part of the compensation pool. Chapter V makes rules relating to transfer of evacuee property. The properties mentioned therein are residential properties, shops and industrial concerns. This Chapter does not specifically deal with urban agricultural land. It is for this reason that both sides in their pleadings state that Chapter V does not deal with urban agricultural land. Chapter VI deals with transfer of Government built property while Chapter VII deals with rural houses and shops left in West Pakistan and, therefore, have nothing to do with the present case. Chapter VIII deals with compensation payable in respect of verified claims for agricultural land left in West Pakistan. This chapter does not apply to agricultural land mentioned under section 10 of the Displaced Persons (Compensation and Rehabilitation) Act. Chapter X deals specifically with such properties. Chapter IX deals with allotment and sale of groves and gardens outside the Punjab and Pepsu. Chapters XI and XII deal payment of compensation to different categories of displaced persons, for example, minors, inmates of a Home or infirmary etc.