- (1.) This appeal by special leave arises from the order of the Delhi High court, made on 1/8/1985 dismissing the writ petition on the ground that the conclusion reached and the findings recorded by the authorities under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954 (for short "the Act") are a question of fact and exercising the power under Article 226 of the Constitution could not be reopened by the court. With a view to find out whether the conclusion reached by the learned Judges is correct in law, it is necessary to state the material facts.
(2.) One Chandu Mal Sippy, father of Respondents 4 and 5, Khushi Ram Sippy and Narain Dutt Sippy, was a resident of Nawabshah in West Pakistan. While the father and one of his brothers remained in Pakistan, after the partition of the Indian domain (sic dominion) into Pakistan and India, the said respondents migrated in 1947 to India. Their father died sometime in the last week of April 1955 in Pakistan. They filed their application under Section 4 of the Act on 19-12-1955 claiming rehabilitation compensation under the Act. In lieu thereof, the authorities at different stages verified the claims and found them entitled to the compensation and consequentially the land in possession of the appellant was allotted to them. The appellant had challenged in the proceedings before the authorities under the Act but was unsuccessful. The High court confirmed it. Thus, this appeal by special leave.
(3.) The question arises: Whether Respondents 4 and 5, though being displaced persons, are entitled to their claims verified under the Act With a view to appreciate their claims, it is necessary to see the relevant provisions in the Act. Section 2 (b) of the Act defines "displaced person" to mean "any person who, on account of the setting up of the Dominions of India and Pakistan, or on account of civil disturbances or the fear of such disturbances in any area forming part of West Pakistan, has, after the first day of March, 1947, left or been displaced from his place of residence in such area and who has been subsequently residing in India, and includes any person who is resident in any place forming part of India and who for that reason is unable or has been rendered unable to manage, supervise or control any immovable property belonging to him in West Pakistan, and also includes thesuccessors-in-interest of any such person". Section 2 (e) defines "verified claim" thus: "2.(E) 'verified claim' means any claim registered under the Displaced Persons (Claims) Act, 1950 in respect of which a final order has been passed under that Act or under the Displaced Persons (Claims) Supplementary Act, 1954, and includes any claim registered on or before the 31st day of May, 1953 under the East Punjab Refugees (Registration of Land Claims) Act, 1948 or under the Patiala Refugees (Registration of Land Claims) Ordinance, 2004, and verified by any authority appointed for the purpose by the government of Punjab, the government of Patiala or the government of Patiala and East Punjab States Union, as the case may be, which has not been satisfied wholly or partially by the allotment of any evacuee land under the relevant notification specified in Section 10 of this Act, but does not include- (i) any such claim registered in respect of property held in trust for a public purpose of a religious or charitable nature; (ii) except in the case of a banking company for the purpose of sub-clause (i) of clause (b) of Ss. (3 of Section 6, only- (a) any such claim made by or on behalf of any company or association, whether incorporated or not; (b) any such claim made by a mortgagee or other person holding a charge or lien on immovable property belonging to a displaced person in West Pakistan;"section 4 (1 of the Act envisages that: "4.(1 The central government shall, from time to time, but not later than the thirtieth day of June, 1955, by notification in the Official Gazette, require all displaced persons having a verified claim to make applications For the payment of compensation and any such notification may be issued with reference to displaced persons residing in any State or any one of a group of States. (2 Every displaced person who, by a notification issued under sub- section (1. is required to make an application for the payment of compensation shall make such application in the prescribed form to the Settlement Officer having jurisdiction, within three months of the date of the notification:"the rest of the details are not necessary for the purpose of this case.;