- (1.)This order will dispose of Civil Writ Petitions Nos. 2604 of 1977 Gobind Ram v. State of Haryana and Others and 1738 of 1978 Bhai Balraj and Others v. State of Haryana and Others which relate to the same evacuee property and are directed against the same orders of the Rehabilitation authorities.
(2.)Bhai Balraj and others had abandoned urban agricultural land in Pakistan for which they filed claim and the same was verified. They were also given on lease urban agricultural land measuring 19 Bighas 14 Biswas out of Khasra No. 917 (Khewat No. 225) in urban limits of Jagadhri, District Ambala in 1951-52. The total area of Khasra No. 917 was 21 Bighas 17 Biswas. The remaining area out of this Khasra number (2 Bighas 3 Biswas) was leased out to one Smt. Brahm Ishwari Devi. The lessees of 19 Bighas 14 Biswas or their successors-in-interest are the petitioners in C.W.P. No. 1538 of 1978.
(3.)The Rehabilitation Department took a policy decision in about 1957 for the transfer of the urban agricultural land to the lessees/sub-lessees. Gobind Ram (now deceased and represented by his legal representatives) petitioner in C.W.P. No. 2604 of 1977 claimed the transfer of land measuring 19 Bighas 14 Biswas as sub-lessee in occupation of the land since January 1, 1956, under Bhai Balraj and others. The lessees denied that Gobind Ram was the sub-lessee of the land and further sought its transfer at the reserve price as lessees. The litigation between the petitioners in the two writs continued for years before the Rehabilitation authorities. The Settlement Officer vide order dated October 29, 1968 (P. 10) held that Gobind Ram was not the sub-lessee of the land and that Bhai Balraj and others were entitled to the transfer of 18 Bighas 19 Biswas out of 19 Bighas 14 Biswas (after excluding Ghair Mumkin Pati) on payment of Rs. 14,250/- at the rate of Rs. 750/- per Bigha. Gobind Ram feeling aggrieved by the order of the Settlement Officer (P. 10) filed an appeal which was accepted by Settlement Commissioner vide order dated November 12, 1969 (P.11). The land measuring 19 Bighas 14 Biswas was ordered to be transferred to Gobind Ram as a sub-lessee. Bhai Balraj and others preferred a revision against the order of the Settlement Commissioner (P. 11) which was disposed of by the Chief Settlement Commissioner vide order dated June 30, 1977 (P. 12). The Chief Settlement Commissioner held that Gobind Ram was not proved to be the sub-lessee of the land and further the land could not be transferred at the reserve price inasmuch as its value exceeds Rs. 15,000/-. He directed that the land be sold by public auction. Gobind Ram assailed the order of the Chief Settlement Commissioner P.12 in a petition under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act (hereafter the Act) which was dismissed in limine by order dated August 16, 1977 (P. 13).