STATE OF RAJASTHAN Vs. THE DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) BY these writ petitions, a challenge is made to the order dated 1st July, 2013 passed by Divisional Commissioner where appeal preferred by non -petitioner was allowed with the directions for allotment of land and thereby order passed by the District Collector, Alwar dated 12.02.2013 was set aside.

(2.) SHRI G.S. Gill, AAG, submits that in pursuance of the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1954 (in short "Act, 1954"), the Divisional Commissioner has passed an order directing the State Government to allot the land in favour of non -petitioners without providing opportunity of hearing to the State Government.

(3.) LEARNED Additional Advocate General Shri G.S. Gill submits that Displaced Persons (Compensation and Rehabilitation) Act, 1954 apart from other enactments were repealed by the Parliament by the Repealed Act, 2005 (in short "Act, 2005"). A right cannot be determined or granted in pursuance of the Repealed Act. The claim in favour of non -petitioner has been allowed in ignorance of the fact that the provisions of Administration of Evacuee Property Act, 1950 (in short "Act, 1950") and the Act of 1954 cannot be enforced after repeal. The detailed reason for denial of benefits has been given by the Collector (Rehabilitation) in his order on remand of the case however it was then ignored by the Divisional Commissioner and sketchy order has been passed.