Court : Punjab and Haryana
Reported in : AIR1968P& H242
..... in that view of the matter shri banshi ram has to be treated as a claimant and he has a better right for the transfer of the property against shri gur-bachan singh who is a 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 rehabilitation authorities shamsher bahadur j. ..... that purpose was achieved by the enactment of the displaced persons (compensation and rehabilitation) act. ..... nair, exercising the powers of the central government undei section 33 of the displaced persons (compensation and rahabilitation) act, 1954 (act no. ..... 44 of 1954) hereinafter referred to as the act, which not only provided for payment of compensation but also dealt with the matter of rehabilitation of displaced persons and for matters connected with the aforesaid purposes. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H65
..... on coming into force of the displaced persons (compensation and rehabilitation) act, 1954, (hereinafter referred to as the act), the appellant dev raj, being holder of a verified claim, sought the transfer of the entire house to him in settlement of his claim for compensation, taking advantage of rule 30 of the rules, as the respondent gurcharan parshad not only did not hold any verified claim but was not even a displaced person as he had been residing in ludhiana long before the partition of the country took place. ..... under the displaced persons (compensation and rehabilitation) act, 1954 and the rules framed thereunder, a displaced persons has a vested right to have his claim ascertained and satisfied in the manner prescribed by the rules and this is a substantive right. 3. ..... to compensate such claimants and to rehabilitate them, the displaced persons (compensation and rehabilitation) act, 1954, was enacted and it came into force on the 9th of october, 1954. ..... in the present case it is unnecessary to travel into the question of necessary intendment as no power has been conferred by section 40 of the displaced persons (compensation and rehabilitation) act, 1954(hereinafter called the act)(under which the relevant rules have been made) to legislate retrospectively. ..... (hereinafter called the rules) as amended in march, 1961, would govern the proceedings pending on appeal under section 22 of the displaced persons (compensation and rehabilitation) act, 1954(hereinafter called the act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom119; (1957)59BOMLR309; ILR1957Bom668
..... claimed by the plaintiffs could not be granted in view of the gross delay in the ..... issued on 10th march, 1955, by the government of india under section 12 of the displaced persons (compensation and rehabilitation) act, 1954, the suit properties had vested in the central government free from all in cumbrances and the plaintiffs' right to acquire full proprietary interests in the properties had become ineffective, that in any event the agreement of sale was invalid, inoperative and unenforceable in law in the absence of previous approval of the custodian general sections required by section 10(2)(o) of the administration of evacuee property act, that the suit was barred under sections 15, 16 and 38 of the displaced persons (compensation and rehabilitation) act 1954, and that the relief for permanent injunction .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom69; (1960)62BOMLR651
..... dalai for the petitioner has challenged the order mainly on two grounds, (1) that the 1st respondent had no jurisdiction to pass the order against the petitioner and the order was bad and (2) that the show cause notice dated 10th march 1958 was vague and unintelligible and that therefore the petitioner had not been given a reasonable opportunity as is required to be done under sub-section (2) of section 19 of the displaced persons (compensation and rehabilitation) act, 1954.6. ..... on or about the 10th of june 1955 by virtue of a notification issued under section 12 of the displaced persons (compensation and rehabilitation) act of 1954 the property became acquired property whereupon the said property became vested absolutely in the central government free from all encumbrances. ..... i do not find any provision in the displaced persons (compensation and rehabilitation) act 1954 which makes it incumbent upon the 1st respondent to issue a show cause notice. ..... this petition challenges an order dated the 10th of may 1958 passed by the 1st respondent under section 19 of the displaced persons(compensation and rehabilitation) act, 1954.2. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All33
..... may at any time acquire such evacuee property by publishing in the official gazette a notification to the effect that the central government has decided to acquire ..... title to the house which could be transferred to the appellant this title was presumably acquired by the central government by means of a notification which must have been issued under section 12 of the displaced persons (compensation and rehabilitation) act 1954 because' without such a notification the property could not have been put up for sell by public auction section 12 provides:'if the central government is of opinion that it is necessary to acquire any evacuee property for a public purpose, being a purpose connected with the relief and rehabilitation of displaced persons, including payment of compensation to such persons, the central government .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H246; 1966CriLJ688
..... the temporary measures taken under section 145, criminal procedure code, do not in any way destroy the sanctity of section 15 of the act or as a matter of that any other provisions of the displaced persons (compensation and rehabilitation) act, 1954. ..... we say 'directly' because we have been asked to hold that the same principle applies to properties vesting in the central government under section 12 of displaced persons (compensation and rehabilitation) act 1954.the learned magistrate rightly held that he had for the purposes of section 145, criminal procedure code, to decide as to which of the parties was in actual possession on the date of preliminary order made under section 145(1) that is the 1st of december 1962. ..... the fact that property vesting in central government under displaced persons (compensation and rehabilitation) act 1954 enjoys an exemption from process of courts does not in our view deprive a magistrate of the jurisdiction to take proceedings under section 145. ..... it has been contended by the learned counsel for partap singh that the principle laid down in the patna judgment would be applicable to property acquired under the displaced persons (compensation and rehabilitation) act. ..... it is not disputed before us that the property in dispute was at one time evacuee property but was later acquired by the central government under section 12 of the displaced persons (compensation and rehabilitation) act. .....
Tag this Judgment!Court : Delhi
Reported in : 9(1973)DLT9
..... arjan dass bhasin, relied upon by the counsel for the tenant was not based on section 29 of the displaced persons (compensation and rehabilitation) act, 1954, and thus can be of no assistance to the appellant-tenant moreover, the facts of that case seem to suggest that the case was one of adjustment of compensation where the property was sold in 1955 and, the sale-deed was issued in 1966 and, hence the conditions mentioned by the supreme court in bishan paul's case must have been satisfied. ..... in that section it is specified that for two years after the transfer the rights of the parties are to be governed by the special provision contained in section 29, and thus it may be that for two years the rent control act does not apply to the premises because a special act, namely section 29(1) of the displaced persons (compensation and rehabilitation) act, 1954 and its proviso will govern the conditions both regarding the rate of rent as well as the grounds of ejectment. ..... (4) in my view the tenancy in the present case was created by the operation of section 29 of the displaced persons (compensation and rehabilitation) act, 1954 according to that section, persons inoccupation of property sold were deemed to become tenants of the transferees on the same terms and conditions as to payment of rent as they previously held the property. .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR911
..... this petition under articles 226 and 227 of the constitution raises a question of construction of the provisions of the displaced persons (compensation and rehabilitation) act, 1954, which hereafter will be called 'the 1934 act' and the rules framed under it. ..... on may 13, 1957, the additional settlement commissioner, delhi, bombay camp, on the basis of rule 65 under the displaced persons (compensation and rehabilitation) act, 1954, rejected their claim for rural houses on the ground that they had been allotted agricultural lands s. ..... the 1954 act provided for the payment of compensation to displaced persons and rehabilitate them. ..... the modes for the payment of the same are :(a) in cash;(b) in government bonds;(c) by sale to the displaced person of any property from the compensation pool and setting off the purchase money against the compensation payable to him;(d) by any other mode of transfer to the displaced person of any property from the compensation pool and setting off the valuation of the property against the compensation payable to him;(e) by transfer of shares or debentures in any company or corporation;(f) in such other form as may be prescribed.by sub-section (2) power is given to the central government to frame rules for this purpose. ..... chapter v relates to payment of compensation by transfer of property, the modes of valuation, its transfer to a displaced person who is in occupation of the same and its consequences. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom312; (1966)68BOMLR368; ILR1966Bom981
..... gurusahani contends that inasmuch as the verified claim ceased to be a verified claim merely, after the compensation was determined under section 8 of the displaced persons (compensation and rehabilitation) act, 1954, it was not open to the additional settlement commissioner to review the earlier order verifying the claim under the displaced persons (claims) act, 1950. ..... (12) section 34 of the displaced persons (compensation and rehabilitation) act, 1954, is divided into three parts. ..... 24 of the displaced persons (compensation and rehabilitation) act, 1954. ..... (8) then came the displaced persons (compensation and rehabilitation) act no. ..... vaidya contended that the order made on 11th april 1963 by the additional settlement commissioner is a revisional order under section 24 of the last act and section 5 of the displaced persons (claims) supplementary act of 1954. ..... 2(e), defines for the first time a verified claim as it had to do to mean a final order in respect of a registered claim passed under the displaced persons (claims) act of 1950, or the displaced persons (claims) supplementary act of 1954, with certain exceptions. ..... this act, expired by the end of 1953 and was replaced by an ordinance and later by the displaced persons (claims) supplementary act no. ..... as the title of the act itself shows, it concerns with the payment of compensation and grant of property as rehabilitation. ..... (7) the first act in the series is the displaced persons (claims) act, 1950. by s. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1978WLN(UC)410
..... bishnoi, the learned counsel for the petitioner, has submitted that the lands in dispute formed part of the compensation pool and were being dealt with as evacuee property by the authorities entrusted with the administration of evacuee properties and on that basis the said lands have been allotted in favour of the petitioner and that the state government, having not challenged the order of allotment passed in favour of the petitioner in accordance with the procedure laid down in the displaced persons (compensation and rehabilitation) act, 1954, could not be permitted to challenge the said order in the present proceedings. ..... ration of desplaced persons and that the managing officer, ganganagar by his order dated 19th april, 1963 allotred the said agricultrurel lands to the petitioner under section 20(f)(c) of the displaced persons (compensation and rehabilitation) act, 1954 and directed the revenue trhsildar, anopgarh to hand-over the above mentioned land atonce to the petitioner. ..... the case of the petitioner is further that the aforesaid evacuee property was acquired by the central, government under section 12 of the displaced persons (compensation and rehabilitation act, 1954, vide government of india notification dated 6th april, 1955 for the purpose of constituting the compensation pool for the purpose of rehabili. .....
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