LAWS(P&H)-1989-11-103

SECRETARY TO GOVERNMENT HARYANA Vs. HARI SINGH

Decided On November 16, 1989
SECRETARY TO GOVERNMENT HARYANA Appellant
V/S
HARI SINGH Respondents

JUDGEMENT

(1.) The only legal, question posed in this Letters Patent Appeal is whether the respondent (Hari Singh respondent No. 1) is entitled to purchase the evacuee land at a reserved price.

(2.) The facts. requiring mention are as follows: The respondent got the land in dispute allotted in the year 1962 representing that he had left the land in Pakistan. It was revealed in the year 1963 that he had left no land in Pakistan the allotment was cancelled vide order dated March 23, 1963, which was upheld right up to the Supreme Court.

(3.) Keeping in view the loan taken by him and the long possession, the respondent was allowed to purchase the land in dispute vide order dated February 3, 1975 of the Chief Settlement Commissioner in terms of Rule 63 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (hereinafter referred to as the Rules) at the rates then prevailing. Rule 63 reads as under: