DEWAN KASHAB CHANDER Vs. FINANCIAL COMMISSIONER, HARYANA

JUDGEMENT

(1.) The petitioners aggrieved against the order of the Financial Commissioner, Haryana exercising the powers of the Central Government under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, Chandigarh dated July 7, 1980, have moved this Court under Articles 226/227 of the Constitution of India. Facts first :

(2.) Dewan Badri Dass, predecessor-in-interest of the petitioners, was a displaced person. An evacuee urban agricultural plot No. 1 measuring 13 bighas 15 biswas of land comprised in Khasra No. 11567/4604 (6 Bighas-15 Biswas), 11570/4609 (1 Bighas 19 Biswas) situate at Karnal was put to auction on January 4, 1962. Dewan Badri Dass offered the highest bid of Rs. 70,000/- for the said plot as against its reserve price of Rs. 42,300/-. A sum of Rs. 54,100.57 was due to him as compensation. He was also the highest bidder for plot No. 39, but the Rehabilitation Department transferred the said plot in favour of Guru Nanak Girls High School, Karnal, on negotiation basis and the bid was cancelled. The Rehabilitation authorities transferred 1-Bigha, 19 Biswas of land comprised in Khasra No. 11570/4609 out of the aforesaid plot No. 1 to one Ghanshyam Dass, who claimed to be the sub-lessee of the area. The consent of the suction-purchaser was sought as to whether he would accept the remaining area measuring 11 Bighas-13 Biswas at pro rata price of 59,963/-. Dewan Badri Dass gave the consent. He also sought permission from the Regional Settlement Commissioner to associate Rai Sahib Chaudhary Pratap Singh for payment of the balance price. Dewan Badri Dass had two sets of property claimed to his credit-one in his own name for the property which he himself left in Pakistan and the other verified claim in respect of the property belonging to his deceased brother, Col. D.H. Rai, to whom he had succeeded as the sole legal heir. The dubbing of personal claim of Dewan Badri Dass with the claim he had as the heir of his deceased brother Col. D.H. Rai was challenged in the high court in C.W.P. No. 290 of 1962. The same was allowed by this Court on January 9, 1964 and the amount of compensation payable to Dewan Badri Dass was enhanced to Rs. 63429.57. Letters Patent Appeal No. 146 of 1964 filed by the Rehabilitation Department against the aforesaid decision was dismissed on September 30, 1968. The Department did not finalise the claim and issued the sale certificate on October 24, 1972. The State of Haryana sold the land purchased by Dewan Badri Dass to the Agricultural Marketing Board, Karnal for Rs. 1,79,500/-. The petitioners moved an application under Section 24 of the Displaced Parsons (Compensation and Rehabilitation Act) 1954 (for short the Act). The same was allowed by the Chief Settlement Commissioner vide order dated October 22, 1974, holding, thus :

(3.) The Learned counsel for the petitioners submitted that the delegatee of the Central Government could not set aside the auction-sale after a lapse of 17 years. He further submitted that the order of the Chief Settlement Commissioner dated October 22, 1974 attained finality and the State of Haryana could not move the delegatee of the Central Government under Section 33 of the Act to set aside the auction sale.