RAJENDRA PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition, the petitions have challenged the orders passed by the Authorities under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as 'the Act'), by which the allotment of 12 bighas and 10 biswas of land infavour of the petitioners have been cancelled.

(2.) A show cause notice was issued to the petitioners asking them to show cause why the allotment of this land in their favour should not be cancelled for their non -payment of the price of the land allotted. The petitioners showed cause and pointed out that for non -payment, such cancellation is not warranted. The provisions of Section 21 of the Act, are sufficient to recover the money payable by the petitioners to the State and, therefore, no cancellation need be made. Inspite of that, an order was made cancelling the allotment in favour of the petitioners. The petitioners' predecessor, therefore, filed an appeal before the Appellate Authority, which vested in the Collector and challenged the order passed under Section 22 of the Act. The Collector considered the rival contentions raised, and remanded the matter to the Managing Officer, after setting aside the order dated 2.12.75 for considering the reply of the appellants and to decide the case in accordance with law. In this order, the Appellate Authority had observed as under: Allotment of land in Anand -Ka -Bera is a separate issue and being a subsequent event to this allotment is not relevant for cancellation of the land allotted. The only relevant point in this case could be the reasons mentioned in the show cause notice.

(3.) THE Managing Officer, on remand, again considered the matter and ordered cancellation of the lease, again taking into consideration the allotment of 125 bighas of land. He has observed thus: .........[vernacular ommited text]...........