Displaced Persons (Compensation & Rehabilitation) Act, 1954 (44 of 1954)

Displaced Persons (Compensation & Rehabilitation) Act, 1954 (44 of 1954)

Section 19, 20 – Allotment/Transfer/Alienate of evacuee land – Power of – Asstt. Settlement Officer (S)-cum-Managing Officer decided to transfer the land in favour of the petitioner -- Since transfer was ordered for part of the property sought to be transferred, petitioner preferred an appeal before the Settlement Commissioner seeking transfer of entire land – During the pendency of the appeal, Deputy Secretary, Government of Punjab ordered to transfer the disputed land in favour of respondent – Held, under the Act only Asstt. Settlement Officer-cum-Managing Officer has jurisdiction to alienate/transfer/allot the agricultural evacuee land -- Once a competent officer had already directed to transfer the land, State Govt. or its Secretary has no jurisdiction to transfer the evacuee agriculture land under the Act -- Direction issued by Deputy Secretary is without jurisdiction. Kartar Chand v. Financial Commissioner, Appeal, Punjab and others, 2011(1) L.A.R. 127 (P&H).

Section 33 -- Displaced Persons (Compensation and Rehabilitation) Rules, 1955, Rule 117 – Allotment of land – Cancellation of – Purchase of excess land – Non-payment of – Notice – Requirement of -- On the reference made by the Tehsildar (Sales), the allotment of excess land was cancelled by the Chief Settlement Commissioner -- In regard to excess land measuring 2.15 standard acres by the Secretary Rehabilitation, the allottee was allowed to purchase the excess land at the rate fixed by the department -- Neither the allottee nor his Lr’s moved any application for purchasing the excess land nor amount was deposited nor any steps were taken to get the same transferred in their name -- They slept over the matter for more than 30 years -- In that eventuality, it cannot possibly be saith that the allotment of excess land was cancelled, without issuing any notice -- On the other hand, it was the allottee, who had waived his right of purchase of land in pursuance of order. Sukhwant Singh and others v. State of Haryana and others, 2011(1) L.A.R. 640 (P&H).