Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Displaced Persons (Compensation & Rehabilitation) Act 1955 – r. 51 1954 – ss.16 17 and 20 – Displaced Persons (Compensation & Rehabilitation) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Displaced Persons (Compensation & Rehabilitation) Act, 1954 – ss.16, 17 and 20 – Displaced Persons (Compensation & Rehabilitation) Rules, 1955 – r. 51 – Father of appellant was resident of Sindh in the present day Pakistan and after partition, came to settle in Hyderabad – Father of appellant asserted that he was owner of 83.11 acres of land in Sindh and the same was verified by the settlement claim officer – On basis of that order, appellant applied for land in lieu of 83.11 acres of land left by him – Appellant was allotted 40.4 standard acres of land – The father of appellant did not raise any claim for allotment of additional land till his death – Thereafter, appellant claimed allotment of 43.7 standard acres against balance of verified claim – The Chief Commissioner of Land Administration (CCLA) allotted the land measuring 19.26 standard acres – The questions which were required to be examined were as to whether the Central Government having transferred land to the State Government, could make allotment to the displaced persons after May 24, 1980 – And, whether CCLA, as a delegate of the Central Government, could allot land though he exercises the appellate powers, the power of allotment having been vested with the Managing Officer as per s. 17 of the Act – Held: The Circular dated May 23, 1980 relates to administration, management and disposal of compensation which is in terms of s. 16 of the Act – S. 16(2)(b) of the Act empowers the Central Government to constitute such authority or Corporation for the purposes of sub-section (1) i.e. custody, management and disposal of compensation pool – The Central Government is competent to constitute any authority or Corporation for the same purpose – Therefore, the transfer of land forming part of compensation pool to the State Government has legislative sanction in terms of s. 16(2)(b) of the Act – In the instant case, the allotment was made by the CCLA as a delegatee of the Central Government – The Settlement Commissioner had no power to make allotment of land falling in the compensation pool either before May 23, 1980 or thereafter – Insofar as the power of CCLA in terms of the scheme of the Act is concerned, the allotment of all evacuee land is governed by the Act, therefore, the officers competent to make allotment are the Managing Officers, whereas power of appeal and revision are to be exercised by the Settlement Commissioner or the Chief Settlement Commissioner – The CCLA in terms of the scheme of the Act has no power to make allotment of land as he exercises the appellate or revisional jurisdiction as a delegate of the Central Government – The power of allotment is vested with Managing Officer only in terms of s. 17 of the Act. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 1178 |
Petitioner | Ramesh Parsram Malani & Ors |
Respondent | The State Of Telangana & Ors. |
SCR | [2019] 15 S.C.R. 1051 |
Judgement Date | 2019-10-22 |
Case Number | 7477 |
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