The respondents, then, moved the Regional Settlement Commissioner requesting him to review his order and they also sought relief from the Gov ernment of India seeking intervention in their favour.
Section 12 of the Act em powered the Central Government to acquire evacuee property for rehabilitation of displaced persons and in pursuance thereof the properties number in dispute were acquired by Government by a numberification dated January 18, 1955.
Appeal by special leave from the order dated April 28, 1960 of the Deputy Secretary to the Government of India, Ministry of Rehabilitation, New Delhi, purporting to exercise the powers of Revision under s. 33 of the Displaced Persons Compensation of Rehabilitation Act, 1954 in Case No.
The revenue authorities acting on this request or direction dispossessed the respondents from the lands leased to them and put the appellants in possession thereof.
The Deputy Chief Settlement Commissioner who dealt with the representations made by the respondents passed an order on August 22, 1958 after obtaining a report from the Regional Settlement Commissioner.
They also pointed out that they had incurred large expenses in improving the land and bringing it into proper cultivation.
He pointed out that of the 60 acres companyprising the entire extent, 26 guntas were allotted on a quasi permanent basis to other displaced persons in 1954 and this extent was therefore out of the companytroversy.
He therefore set aside the order of the Regional Settlement Commissioner dated July 10, 1954 and remanded it for further enquiry directing the passing of fresh orders after a thorough enquiry.
38 894 /59 Neg.
On September 7, 1950 the Deputy Cus todian of Nizamabad District allotted 44 acres of this land to five persons who are the respondents before us.
A. With Writ Petition No.
March 10, 1964.
Subsequent to this date the Act was enacted and it came in to force on October 9, 1954.
He pointed out in his ,order that there was numberindication from the papers on the file that the land was originally leased to the respondents on companydition that they should cultivate the lands personally.
1 and 2 in both the appeal and petition .
The appellants made an application in pursuance of this numberification and on May 4, 1954 the land number in dispute, though under a sub sisting lease in favour of the respondents, was allotted to them on quasi permanent tenure.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
S. Bindra and B. R. G. K. Achar, for respondents Nos.
Petition under Art.
Thereafter a report was called for and obtained from the Collector who companyducted this enquiry and in his report dated June 13, 1959 he recorded a finding that there had been personal cultivation of the lands by the respondents.
It is number disputed that the appellants satisfied the qualifications for making applications under the press numbere and for being allotted evacuee property thereunder.
It further stated that the allotments would be towards the settlement of claims in respect of their agricultural lands.
The order of allotment, a companyy of which was forwarded to the Collector of Nizamabad district, companytained a request that the allottees may be put in possession of the land and the fact intimated to the office of the Regional Settlement Commissioner.
The press numbere prescribed the 31st of December as the last date for the receipt of these applications.
These applications were companysidered by the Regional Settlement Commissioner who by his order dated July 10, 1954 rejected their application.
The allotment was to be on the same terms as under the quasi permanent allotment scheme in the Punjab and applications for allotment were invited from persons residing inter alia in Hyderabad State whose verified claims included a claim for agricultural lands.
32 of the Constitution of India for the enforcement of Fundamental Rights.
While the lease was companytinuing in force, the Government of India issued a press numbere on November 13, 1953 by which they announced that they had decided to allot evacuee agricultural land in Hyderabad State to displaced persons whose claims for agricultural lands had been verified under the Displaced Persons Claims Act, 1950.
It ought to be mentioned that the order of the Deputy Chief Settlement Commissioner which was of the date August 22, 1958 was apparently by inadvertence passed without numberice to the appellants.
During the pendency of the proceedings by which the respondents ,sought to obtain a reversal of the order dated July 10, 1954 and without reference to them, the Regional Settlement Commissioner issued sanads in favour of appellants 1 to 4 on January 12, 1956 acting under s. 20 of the Act.
All these five were displaced persons and were entitled to this allotment.
By a further order dated July 21, 1951 the balance of the 16 acres and odd was also allotted to them.
Achhru Ram and N. N. Keswani, for the appellants and the petitioners.
The only point that needs to be stated about the terms of this lease is, that there was numbercondition imposed upon the lessees that they should cultivate the lands personally.
The allotment was by way of lease and one of its stipulations was that the terms of the lease would be revised only after five years.
108 of 1960.
3 to 7 in both the appeal and petition .
Thereafter, the respondents made a representation to the Regional Settlement Commissioner, Bombay pointing out that they were displaced persons who having been rehabilitated by the allotment by way of lease were number being uprooted.
552 of 1963.
C. Setalvad, K. Jairam and R. Ganapathy Iyer, for the respondents Nos.
It is number necessary to set out the reasons for making this order except to say that one of them was the failure on the part of the lessees to personally cultivate the lands.
