Court : Supreme Court of India
Reported in : AIR2003SC3996; 104(2003)DLT839(SC); 2003(69)DRJ125; JT2003(3)SC490; 2003(3)SCALE600; (2003)10SCC170; [2003]3SCR309; 2003(2)LC1152(SC)
..... he/she is/has been an employee of the ministry in delhi/new delhi of which the department of rehabilitation has been a part from time to time under one ministry of state etc. ..... who was mother of shri kewal krishan bahl, by the ministry of rehabilitation out of compensation pool on account of her being a disgraced person. ..... who was the mother of sri kewal krishan bahl by the ministry of rehabilitation out of compensation pool on account of her being a displaced person. ..... had obtained any house or plot from the department of rehabilitation earlier, shall again be allotted a plot in the ..... any house or a plot from the department of rehabilitation earlier shall again be allotted a plot in the ..... pool, comprising mainly of evacuee properties as well as properties acquired by government for rehabilitating displaced persons from pakistan, some land was allotted to the society by the department of rehabilitation by the letter dated 26.5.1970 under the displaced persons (rehabilitation & compensation) act, 1954. ..... of plots shall be restricted t the bonafide members of the ministry of rehabilitation employees' cooperative house building society ltd. ..... clearly provides that no member of the society, whose parents had obtained any house or plot from the department of rehabilitation earlier, shall again be allotted a plot. ..... , which have been quoted above, any member of the society who had obtained any house or a plot from the department of rehabilitation earlier, cannot again be allotted a plot. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi1450
..... the land were set out and it was, inter alia, stated in the said letter as follows : 'asyou will kindly see from the narration above, the stand of the department of rehabilitation has throughout been consistent right from 1966 when the first meeting on this subject was held on 8th march, 1966, in the ministry of home affairs. ..... but you will appreciate government cannot be a party to an act which on the face of it went beyond the purview of the department ' of rehabilitation, and was directly against the policy decisions of thegovernment and was inspired by a few interested employees acting against all canone of rectitude of conduct and norms of a clean and sound administration'. ..... it was further stated in the said letter as follows : 'theexact location of the land to be leased out to the department of rehabilitation employees house building co-operative society is being ascertained in consultation with the delhi administration/delhi development authority, who have prepared a zonal plan for the area and the details of the ..... to state that because of the policy decision having been taken, namely, that the surplus land should be transferred from the ministry of rehabilitation to the delhi administration, the allotment could not be made under section 20 of the act. ..... the said decision it had been decided that all the surplus land which was with the ministry of rehabilitation which, according to the respondents, included the land in question should be transferred to delhi administration. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H451
..... on the 15th october, 1958, was clarified by the chief settlement commissioner in his memorandum dated the 27th november, 1958, that the press notes had been issued by the government of india, ministry of rehabilitation, in exercise of the powers vested in them under sub-section (1) of section 16 of the act and were quite legal, that no illegality had been committed by granting certain concessions to displaced ..... . the petition is being contested by the respondents on a number of pleas inter alia that there is no provision in the act or in the displaced persons (compensation and rehabilitation) rules, 1955 hereinafter called the rules, regarding the permanent transfer by allotment of evacuee urban agricultural lands in the punjab and such lands were, therefore, to be sold by public ..... order to avoid hardship to the displaced persons who were in occupation of these lands, the ministry of rehabilitation had decided to treat those lands in the same manner as other urban evacuee properties in the matter ..... 45 of 1954, was enacted to provide for the payment of compensation and rehabilitation grants to displaced persons and the central government acquired all the evacuee property, including the land in dispute which is urban ..... in contravention of the provisions of the displaced persons (compensation and rehabilitation) act, 19s4, hereinafter called the act, and without framing any rules with regard to this class of displaced persons, the central government, according to the petitioner, .....
Tag this Judgment!Court : Mumbai
Reported in : (1960)62BOMLR439
..... may be occasioned to the government in the event of the petitioner failing to complete the purchase of the said house, in accordance with the displaced persons (compensation and rehabilitation) rules, 1955, upon the indemnity bond having been executed by the petitioner, the respondent, by his letter dated 5-4-1957, informed the petitioner that his bid of rs. ..... agriculturist before his migration and had lost his agricultural lands by reason of his migration, the policy was to rehabilitate him by giving him agricultural lands in lieu of the agricultural lands lost by him; (2) in the case of a displaced person who had lost urban properties, the policy was to rehabilitate him by allotting him as far as possible some urban property; and (3) where a displaced person had lost ..... the case before us would, on the other hand, falls under the provisions of section 8(c) of the displaced persons (compensation and rehabilitation) act, 1954, where it is expressly provided that compensation payable to a displaced person can be adjusted against the price of property purchased by a displaced person ..... rules that the object of the legislature in framing them was to rehabilitate displaced persons in the same manner and fashion to which they were ..... it may be remembered that section 8 of the displaced persons (compensation and rehabilitation) act of 1954 provides various forms and manners of payment of compensation, such as in cash, in government bonds, by sale to a displaced person of any property from the .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi48; 3(1967)DLT2
..... a press ntoe was, however, issued by the ministry of relief and rehabilitation (annexure 'c' to the petition), the date of which has nto been given in the press ntoe, extending some further concessions to the displaced persons and declaring that evacuee pltos in urban areas, on which the alltotees ..... the petitioner's under section 33 of the displaced persons ( compensation and rehabilitation) act, 1954, was also dismissed by the central government on 2nd may, 1964. ..... 15,000/- under rule 22 of the displaced persons (compensation and rehabilitation) rules, 1955.3. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H242
..... answering respondent (banshi ram) has no knowledge of any offer of the permanent transfer of the house in dispute under rule 31 of the displaced persons (compensation and rehabilitation) rules 1955, to the petitioner (appellant) and that in pursuance of that he deposited thf initial instalment of the price before the target date' banshi ram then referred to a memorandum, dated januarv 17. ..... non-claimant' so the appellant failed in his revision application before the chief settlement com-missioner and subsequently he failed in his application under section 33of the displaced persons (compensation and rehabilitation) act 1954 (act 44 of 1954) it was after that that he filed his petition under articles 226 and 227 of the constitution questioning the legality of the orders of the ..... 1955 in pursuance of this offer the petitioner deoosited the initial instalment of the price of the house before the target date' to the petition of the appellant the rehabilitation officers, who were respondentsto it, filed no return, but banshi ram as respondent 5 did file a return and in paragraph 5 of it while denying the averments of the appellant as above, he further said that 'the ..... meant for payment of compensation by transfer of property whereas rules 26 and 31 are meant for transfer of property to persons who have been displaced, the object heinp their rehabilitation the words of a statute says maxwell on interpretation of statutes, 11h edition at page 51. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC660; (1977)1SCC216; [1977]2SCR226
..... xxvi of 1948, the governor of uttar pradesh is pleased to declare that he is satisfied that the land mentioned in the schedule is needed and is suitable for the erection of houses, shops and workshops for the rehabilitation of displaced persons and/or for the provision of amenities directly connected therewith.all the persons interested in the land in question are, therefore, required to appear personally or by duly authorised agent before the compensation officer of the ..... notification was assailed on the following three grounds:(1) the notification did not properly specify the lands sought to be acquired:(2) the notification was ultra vires the act inasmuch as it sought to acquire lands for the rehabilitation of the displaced persons and not for the rehabilitation of refugees; and(3) the notification was not in accordance with the provisions of section 7(1) of the act.4. ..... the case, as would appear from the above, pertains to the acquisition of land with a view to rehabilitate refugees who were uprooted from their hearths and homes in areas now in pakistan because of disturbances and fear of disturbances which marred the partition of the country. ..... it is stated in the notification that the governor of uttar pradesh is pleased to declare that he is satisfied that the land mentioned in the schedule is needed and is suitable for the erection of houses, shops and workshops for the rehabilitation of displaced persons and/or for the provision of amenities directly connected therewith. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)ALLMR889
..... by this petition further seek a mandamus for declaring that the order dated 19.12.2001 passed by the additional collector of the maharashtra slum areas (improvement, clearance and rehabilitation) act (for short, 'the slum act') under sections 33 and 38 and the order dated 30.9.2002 passed under section 35 of the slum act void and ..... the provisions clearly stipulate that if the hutment dwellers do not join the scheme within 15 days after a slum rehabilitation project has been approved, then action under the provisions of the slum act including sections 33 and 38 as amended from time to time can be ..... join the project lose the right to any built up tenament and their tenament can be taken over by the slum rehabilitation authority and can be used for accommodating those slum dwellers from other slums who cannot be accommodated in situ. ..... only such plots which have an area of 1001 square metres or more may be available fore rehabilitation of slum-dwellers if the encroachment is over an area which is more than 25% of the ..... since we have not expressed any opinion on the validity of the general slum rehabilitation scheme, nor have we expressed any opinion as to its applicability to the town planning scheme, nor have we expressed any opinion as to its applicability to the town planning scheme areas, we shall, for the ..... a censuses slum and is being developed and the slum dwellers are being rehabilitated in accordance with the development control regulations and other relevant provisions of law .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H65
..... as in the context it has no more force than the word 'may' and even if a displaced person holding a verified claim is found to be eligible for allotment of property in his occupation, the rehabilitation authorities have the discretion to allot or not to allot the property to him but can direct that the compensation to paid to him in cash or in some other form prescribed by the act or the rules framed ..... is a displaced claimant, that each of the two contesting parties had applied for transfer of the house in question long before the coming into force of the displaced persons (compensation and rehabilitation) sixth amendment rules on august 10, 1963, that each of them had on one occasion or the other secured an order for transfer of the house in his favour, and that no ..... we find that most of the considerations that prevailed with the bench in mela ram's case in holding that the amended rule 30 had to be given retrospective effect in proceedings before the rehabilitation authorities even upto the stage of application under section 33 of the act, had not appealed to the full bench in chanan dass's case 69 pun lr 1 = (air 1967 punj ..... it was thereupon that dev raj invoked the extraordinary jurisdiction of this court under articles 226 and 227 of the constitution, praying that setting aside the orders of the rehabilitation authorities by which they had refused to transfer the house to him, a direction be issued to determine the eligibility of the petitioner under rule 30 as it existed .....
Tag this Judgment!Court : Mumbai
..... the developer's profit which traditionally is computed at 15% (both the counsel were unable to give amount of profit which a developer would make in a slum rehabilitation scheme and we also do not venture to estimate his profit), we would adopt the traditional mode of 15% of the area of the free sale component ..... is also not necessary to rule upon the other contentions urged by the parties as mentioned above because of law of jurisdiction under section 42 of the slum rehabilitation act and also in the light of the view that we are inclined to take on the balance of convenience. ..... in our view, protecting the interest of 500 slum dwellers in getting accommodation in the slum rehabilitation scheme within a reasonable time far outweighs the loss, if any, which the appellant would suffer by ..... keeping in mind that the principal object of the slum rehabilitation scheme is rehabilitation of the slum dwellers as also the inevitable consequence, ..... he further submitted that the competent authority under the slum rehabilitation act has approved the name of respondent no.23 as the developer for the purpose of implementation of an scheme ..... chagla submitted that the development agreement under the slum rehabilitation act must be differentiated from an ordinary agreement of sale/ ..... because the scheme is one and indivisible) and since the appellant has not been approved as a developer by the competent authority under the slum rehabilitation act, the appellant cannot claim specific performance at all. 7. .....
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