Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compensation for rural building Rehahilitation of Displaced persons |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rehabilitation of Displaced persons—Compensation for rural buildings—Not payable for rural building valued at less than Rs. 10,000—More than one rural building each valued as less than Rs. 10,000—Whether value can be added up to reach total of Rs 10,000—Displaced Person (Compensation and Rehabilitation), Rules, r. 65.The respondent, a displaced person, had agricultural land as well as houses in the rural area in what is now West Pakistan. Each house was valued at less than Rs. 10,000/- but the total value of all the houses was more than Rs. 10,000/-. He was allowed 2-1/2 acres of land in lieu of the agricultural land left by him. He applied for compensation for the rural houses. This claim was rejected on the ground that it was barred by r. 65 Displaced Persons (Compensation and Rehabilitation) Rules. Rule 65(2) provided that any person to whom less than 4 acres of agricultural land had been allotted shall not be entitled to receive compensation separately in respect of any rural building the assessed value of which was less than Rs. 10,000/-. The respondent contended that in order to determine the limit of Rs. 10,000 in r. 63(2) the value of all the rural buildings should be added up. Held, that r. 65(2) applied to the case and the respondent was not entitled to compensation for the rural houses left by him in Pakistan. When r. 65(2) speaks of any building the assessed value of which is Rs, 10,000/- it refers to each building being of less than that value; does not contemplate the adding up of the value of more than one building. The complaint that no compensation had been provided for buildings valued at less than Rs. 10,000 was not correct. For such cases r. 57 provided for the allotment of a house or a site with building grant in addition to the agricultural land. Under the Inter-Dominion Agreement it was decided to treat buildings of a certain value as substantial and buildings of lower value as mere appendages to agricultural land, the Rules give effect to that agreement. |
Judge | Honble Mr. Justice K.N. Wanchoo |
Neutral Citation | 1962 INSC 169 |
Petitioner | The Regional Settlement Commissioner |
Respondent | Sunderdas Bhasin |
SCR | [1963] 2 S.C.R. 534 |
Judgement Date | 1962-04-27 |
Case Number | 294 |
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