- (1.) The petitioner has challenged the order of the Financial Commissioner, Revenue and Secretary to Govt., Punjab, Rehabilitation Department with delegated powers of Central Government under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short, the Act), dated 2/08/1980 in this petition under Arts. 226/227 of the Constitution of India.
(2.) Settlement Commissioner, Rehabilitation Department, Punjab vide Order, dated 21/04/1971 found that the petitioner was eligible for transfer of land measuring 15 Marlas out of Khasra No. 5446 against sale price of Rs. 15,000.00. The petitioner was directed to deposit the price according to rules. The petitioner challenged the order of the Settlement Commissioner, Punjab, dated 21/04/1971 in appeal before the Chief Settlement Commissioner, Punjab. The appeal was dismissed vide order, dated 17/08/1971 observing thus:- "In the circumstances discussed above, I see no force in the appeal. Even the price of Rs. 1,000.00 per marla determined by the Authorised Settlement Commissioner is a concessional price and there is no reason to revise the same. Similarly, it has been correctly ordered that area measuring 15 marlas out of Khasra No. 5446 min should be transferred to the appellant at price of Rs. 15,000.00. As already observed above, the remaining area, if any, shall be retrieved and disposed of according to law and rules at an early date."
(3.) Order of the Chief Settlement Commissioner, Punjab dated 17/08/1971 was challenged in revision under Section 33 of the Act through Miscellaneous Rehabilitation No. 21 of 1971-72. The same was dismissed vide order, dated 16/11/1971 observing thus :- "Besides, the learned Chief Settlement Commissioner has not given any finding on the eligibility of the petitioner to purchase the land, which is alleged to have been determined on the basis of doubtful revenue record. This point should not have been left untouched. Anyhow, since offer has already been made to the petitioner to purchase 15 marlas of land for Rs. 15,000.00 at the rate of Rs. 1000.00 per marla, I am not inclined to interfere with the impugned order at this stage." ;