GUMAN MAL LODHA, J. - (1.) THESE six writ petitions relate to displaced persons from Pakistan.
(2.) THE petitioners have alleged that they had residential houses, and agricultural lands in Sindh from where they migrated to India after partition of India. Each one of them was alloted agricultural land in India by the Managing Officer of Evacuee Agricultural Property and Settlement Officer, Sri Ganganagar. Then there were series of orders changing the allotments. But the whole of the land could not be given possession of. When the petitioners claimed for taking possession that was not accepted. Vide Notification dated 6th April, 1965 (Annexure 5) on record, it was declared by the Central Government that the evacuee property described therein are acquired in accordance with Section 12(1) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (here in after referred to as the Act), and thus, according to the petitioners the property became a part of compensation pool, which according to the petitioners could be utilised for the purposes of verifying claims of the displaced persons. The petitioners further alleged that an understanding was arrived at in a meeting held between the Union Minister of Supply and Rehabilitation and Revenue Minister of Govern ment of India on 24th of August, 1976. Minutes of this meeting has been placed on record as Annexure -6. By this document the Union of India agreed that the officers of the Rajasthan Government are delegated with the powers of the Central Government under Section 33 of the Act and they would review 38 cases in which land had been allotted for restricting the possession to 16 acres of land in Chhatargarh area and for directing the allottees to apply for payment of compensation in respect of their balance land as per Rules It was also agreed that these 38 allottees need to pay only the old rate of Rs. 675/ - per bighas to the State Government, if they desire to acquire full Khatedari rights. It was further stated in Annexure -6 that so far as the 93 claimants to whom allotments were still to be made are concerned, the Government of Rajasthan would honour these verified claims by allotment of land in Chhatargarh area upto a maximum of 15 ordinary acres, in the ratio of 1 standard acre being equal to 8 -1/2 ordinary acres and for the balance of the verified claim compensation would be paid by the Government of India to the claimants under the Act and the Rules and these new land allottees would be required to pay Rs. 1000/ - per bigha for obtaining full Khatedari rights as the rate has been revised upward from Rs.675/ - to 1000/ - per bigha. It was also averred that the total land available with the Department of Rehabilitation in Rajasthan was 9882 acres of which a maximum of 2096 ordinary acres in Chhatargarh area would be used for allotment to the 93 claimants and for giving possession to 38 allottees. The document then says that remaining land approximately 7789 acres would be transferred to the Government of Rajasthan at rate of Rs. 480/ - per standard acre. According to the petitioners their cases partly fall in the category of 38 claimants and partly within the category of 93 claimants referred in Annexure -6.
(3.) THE respondents have filed the reply and their case is that Annexure -6 is valid in law and therefore the petitioners cases have to be dealt with according to that agreement.;