by the State Govt.
It was, inter alia, mentioned as under Since the properties so declared by the Collectors as Evacuee Properties were acquired by the Government of India under the provisions of the Displaced Persons Compensation Rehabilitation Act, the Evacuee Properties have become acquired properties of the Government of India and number stand transferred to the State Government.
The balance amount would be retained by the State Government.
5 10 LR/63 A dated 22.1.1965.
301 to 308, 325 to 328 and 331 part in favour of the appellant on February 26, 2003, which is the subject matter of present appeal.
in this respect to the State Government by the Deputy Chief Settlement Commissioner G , Settlement Wing, Department of Rehabilitation, New Delhi.
There is numberdispute between the parties till such allotment.
After the evacuee interest is separated, the State Government shall deal with and dispose of the properties in accordance with the Evacuee Interest Separation Act, 1951 and the Displaced Persons Compensation Rehabilitation Act, 1954.
The liability to satisfy the claims of the displaced persons shall companytinue to rest with the Government of India.
Subsequently, a show cause numberice was issued to the appellant on August 20, 2003.
On February 21, 2003, the appellant made another representation to the CCLA pursuant to which CCLA allotted the land measuring 19.26 standard acres 148.3 local acres in Survey No.
The expenditure on their transportation from New Delhi to Hyderabad would be met by this Department.
However, if the instalments are number paid on due dates as mentioned above, interest will be payable on any unpaid amount for the period of late payment, the rate of interest being fixed by the Central Government from time to time.
The CCLA addressed the letter to the Settlement Officer, Ministry of Home Affairs, Government of India on May 5, 2001 but numberresponse was received from the Ministry of Home Affairs.
The High Court disposed of the writ petition on November 14, 2003 with a direction to the appellant to approach the Revisional Authority.
On the basis of such order, the father of the appellant applied for 200 acres of land in lieu of 83.11 acres of land left by him in the West Pakistan companyy submitted by the appellant during the companyrse of the arguments .
The State Government shall pay to the Govt.
The father of the appellant asserted that he was owner of 83.11 acres of land in Sindh.
Such writ petition was allowed on February 12, 2016.
Necessary arrangements for transferring this record would be made by this Department.
It is on the basis of such application that 40.4 standard acres of land 323.10 local acres was allotted in District Hyderabad East, Village Bata Singaram, measuring 32.12 standard acres 262.11 local acres and in Hyderabad West, Village Boinapally measuring 7.8 standard acres 60.39 local acres .
The father of the appellant did number raise any claim for allotment of additional land till his death on August 10, 1988.
Therefore, to regularise such allotment, another letter was issued on March 24, 1956 after companymencement of the Act.
It is the said order which is subject matter of challenge in the present appeal.
The Secretary to Revenue Department in the Government of Andhra Pradesh initiated suo moto proceedings in respect of six cases of allotment of evacuee property in Hyderabad and Ranga Reddy District.
of India the following share out of the sale proceeds of evacuee share in the companyposite properties In the case of urban 15 of the amount evacuee properties and realised.
The orders of CCLA were stayed by a memo of Government of Andhra Pradesh dated March 20, 2003.
The said order was challenged by the State through the District Collector, Ranga Reddy District by way of a writ petition before the High Court at Hyderabad.
In the case of rural 5 of the amount evacuee lands realised.
One Parsram Ramchand Malani, father of the appellant, was resident of Sindh in the present day Pakistan and 1 for short, CCLA after partition, came to settle in Hyderabad.
Medak, and Mahboobnagar, the reserve price of which is Rs.1,62,000/ Rupees one lakh and sixty two thousands .
The appellant addressed a letter to the CCLA on March 15, 2001 claiming allotment of 43.7 standard acres against balance of verified claim.
All the lands properties held and dealt with by the Custodian of Evacuee Property under the Administration of Evacuee Property Act, 1950 which have number yet been finally disposed of under the provisions of the aforesaid Act or the Displaced Persons Compensation Rehabilitation Act, 1954 shall stand transferred to the Government of Andhra Pradesh with effect from 1.6.1980.
Such land was verified vide an order passed by Settlement Claim Officer, Bombay on November 22, 1952 companyy submitted by the appellant during the companyrse of the arguments .
The State issued a circular on November 6, 1981 companysolidating instructions dealing with evacuee property and in respect of transfer of residuary work to the State Government.
THE REMAINING UNDISPOSED OF URBAN EVACUEE PROPERTIES URBAN EVACUEE LANDS AND RURAL AGRICULTURAL LANDS.
xx xx xx The properties mentioned above should be deemed to have been companypletely transferred to the Government of Andhra Pradesh with effect from 1.6.1980.
The files pertaining to the residuary work vide para VI above will also be transferred to the State Government.
The total amount payable by the State Govt.
Their claims shall, as usual, be dealt with the Officers of the Government of India.
The State Government shall appoint a Competent Officer under Section 4 and an Appellate Officer under Section 13 of the said Act, to deal with the companyposite properties in respect of which proceedings under any provisions of the said Act have already been started or may be started hereafter.
The appellant filed writ petition before High Court of Andhra Pradesh challenging the show cause numberice and the stay order dated March 20, 2003.
The first half yearly instalment due on 1.6.1980 shall be paid by the State Government on 31.3.1981 and subsequent half yearly instalments will be companyputed from that date.
and dealt with by them hereafter.
TRANSFER OF WORK UNDER THE EVACUEE INTEREST SEPARATION ACT, 1951 The work relating to administration, management and disposal of companyposite properties in terms of the Evacuee Interest Separation Act, 1951 shall stand transferred to the State Government with effect from 1.6.1980.
The Central Government hereby appoints all Tehsildars of various Talukas in the State of Andhra Pradesh, to be the Managing Officers for, the purpose of performing in addition to their own duties as Tehsildars, the functions assigned to a Managing Officer by or under said Act, in respect of properties forming part of companypensation pool within the State of Andhra Pradesh.
The numberifications dated June 23, 1980 appointing Tehsildar as Managing Officer Joint Collectors as Settlement Commissioners and Commissioner of Survey Settlement as the Settlement Commissioner in respect of property forming part of companypensation pool within the State reads as under O. 2006 In exercise of the powers companyferred by sub section 1 of Section 3 of the Displaced Persons Compensation and Rehabilitation Act, 1954 44 of 1954 .
In addition, there are about 6000 closed files in the Central Record Room of the Settlement Wing pertaining to the properties already disposed of.
The entire sale price thereof payable on this account by the State Government in respect of various categories of properties will accordingly become due on 1.6.1980 and shall be paid in six equal half yearly installments without payment of any interest thereon.
b xx xx c d The properties, would, thereafter, be managed and disposed of by the State Government who would pay to the Government of India 15 of the reserve price market value as assessed in 1953 or 15 of the value realised as a result of disposal of these properties, as the case may be.
xx xx xx III.
The remaining share of the sale proceeds in the evacuee interest shall be retained by the State Government on account of their administrative and other charges.
urban evacuee lands.
Such allotment was made prior to companymencement of the Displaced Persons Compensation Rehabilitation Act, 19542.
The entire expenditure on account of the administration, management and disposal of the companyposite properties in Andhra Pradesh and the establishment of the Competent Officer and Appellate Officer shall be borne by the State Government.
properties.
RURAL AGRICULTURAL LAND.
RESIDUARY WORK IN THE SETTLEMENT WING Residuary work relating to the properties etc.
The High Court has, inter alia, found that CCLA was number the companypetent authority to make allotment of land, inter alia, for the reason that there was numberdelegation by the Central Government in his favour to make allotment and secondly, for the reason that the land stood transferred to the State Government on the basis of companymunication dated May 24, 1980 and was, thus, number available in companypensation pool for allotment.
to the Govt.
RECORDS The files pertaining to the litigation work referred to in item No.
of India a 39 properties in the 15 of the reserve Districts of Khamman, price.
V above will be handed over by a representative of this Department at Hyderabad.
xx xx xx IV.
DISPOSAL OF JUDICIAL CASES RELATING TO EVACUEE PROPERTIES IN THE STATE OF ANDHRA PRADESH xx xx xx V. xx xx xx VI.
HEMANT GUPTA, J. The legality and validity of an order passed by the Chief Commissioner of Land Administration, Andhra Pradesh 1 on February 26, 2003 is subject matter of companysideration in the present appeal.
already disposed of will be taken over by the Sate Govt.
