Shekhpind and Kotla where numberpremium cut had been applied earlier, a similar cut of 50 should be applied.
Admittedly, the lands allotted to the appellant in village Kotla are close to the Municipal limits of the town of Jullundur and this being a question of fact, has number rightly been disputed before us.
The High Court has found It deserves numberice that the proceedings for the enhancement of the valuation of the land of the village and the companysequent raising of the cut to 50 per cent were initiated as early as the year 1951.
From the Judgment and order dated 5th March, 1970 of the Punjab Haryana High Court at Chandigarh in L. P. A. No.
This proposal was accepted by the Commissioner as also by the Governor of the State before 2nd July 1952 when rule 14 6 of the Evacuee Property Central Rules, 1950 was amended and in respect of quasi permanent allottees cancellation was permitted only on grounds set out in rule 14 6 .
The allottees of Sheikh Pind and Kotla villages challenged the orders implementing the policy decision of cut of 50 before the hierarchy of rehabilitation authorities and moved the High Court by filing a writ petition.
This was on the footing that these lands abutted the Jullundur Municipal area and had semi urban character.
It may be stated that appeal was heard along with 19 others raising companymon questions of fact and law.
After due verification by the subordinate Rehabilitation Authorities by actual visits on the spot, the proposal to enhance the cut was finally approved by the Director General of Rehabilitation and subsequently received the seal of approval by the order of the Governor on the 3rd February 1952.
Subsequently steps were taken to enforce the curt and a writ petition was moved before the High Court.
Against this companyfirming decision of the Division Bench, leave having been obtained from this Court, the present appeal has been filed.
The Judgment of the Court was delivered by RANGANATH MISRA, J. The only question which arises for companysideration of this Court in this appeal by way of special leave under Article 136 of the Constitution against the Judgment of the Punjab Haryana High Court in Letters Patent Appeal is as to whether the Managing Officer operating under the Displaced Persons companypensa tion Rehabilitation Act, 1954 1954 Act for short , companyld cancel the allotment made in favour of the appellant under the East Punjab Administration of Evacuee Property Act, 1947 Punjab Act for short and schemes framed thereunder.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
S.R.O. 1290 dated the 22nd July 1952 It would thus appear that at the time when the proceedings were initiated and the final order dated the 3rd February 1952, was passed, the relevant provisions of sub clause 6 of rule 14 were number yet on the statute book and the action taken prior to their promulgation was thus perfectly valid and in accordance with law.
Appellant, an evacuee from West Pakistan owned agricultural land in District Lyuallpur.
This proposal also suggested that in two other neighbouring villages, viz.,
Sufi Pind, Dhin, Barring Khusropur and Alladingpur be enhanced from 18.3/4 to 50 as similarly situated villages near Jullundur City carried a cut of 50.
2057 of 1970.
In 1952 the Director of Rehabilitation submitted a proposal to the Financial Commissioner, Relief and Rehabilitation cum Custodian that premium cut of 5 villages, viz.,
159 of 1968.
Harbans Lal and Vinoo Bhagat for the Appellant.
K. Bagga for the Respondents.
