- (1.) The only legal, question posed in this Letters Patent Appeal is whether the respondent (Hari Singh respondent No. 1) is entitled to purchase the evacuee land at a reserved price.
(2.) The facts. requiring mention are as follows: The respondent got the land in dispute allotted in the year 1962 representing that he had left the land in Pakistan. It was revealed in the year 1963 that he had left no land in Pakistan the allotment was cancelled vide order dated March 23, 1963, which was upheld right up to the Supreme Court.
(3.) Keeping in view the loan taken by him and the long possession, the respondent was allowed to purchase the land in dispute vide order dated February 3, 1975 of the Chief Settlement Commissioner in terms of Rule 63 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (hereinafter referred to as the Rules) at the rates then prevailing. Rule 63 reads as under: "Where any land has been allotted to a displaced person who does not hold any verified claim in respect of agricultural land, such land may be transfer to such person if he (a) makes an initial payment of 10 per cent of land at the time of transfer of the land, and (b) agrees to pay the balance of the value of he land in fifteen equal annual installments. Provided that if such person holds a verified claim in respect of any other property, the compensation payable in respect of such property may be adjusted against the value of such land: Provided further that if such person had filed any claim in respect of any rural building which was rejected as a result of the Notification of the Government of India in the Ministry of Rehabilitation No. 3(25) Gen /50 dated the 13th September, 1950 (amending Notification No. 3(14) Gen./50/11 dated the 27th May, 1950) issued under the Displaced Persons (Claims) Act, 1950 (44 of 1950) or under Rule 65; be may be permitted to adjust the price of such land and other public dues against the amount which would have been payable to him, if his claim had not been so rejected the amount so adjusted being treated as a rehabilitation grant paid under section 11 of the Act. Provided further that where such person has had a multiple allotment, the Settlement Commissioner may cancel the allotment and may allot the land to some other person who holds a verified claim in respect of agricultural land.";