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TMI Blog1969 (12) TMI 118X X X X Extracts X X X X X X X X Extracts X X X X ..... lpur and was on that account entitled to allotment of A Grade land, he had been allotted in Village Raipur Arain C Grade land which was mostly Banjar Cadim unfit for cultivation and subject to river erosion. Respondents 1 to 3 in support of their application tendered certified extracts from Khasra-Girdwari for 1957-58 showing that the land allotted to Ram Singh was subject to river erosion. The Land Claims Officer held an enquiry and called for a report from the Revenue authorities. The Patwari of the village, the Kanungo-Tahsildar and the Assistant Commissioner verified the recitals made in the application, and recommended the case of respondents 1 to 3 for allotment of other land. The Land Claims Officer cancelled the allotment of land to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt under the Letters Patent. 5. To determine whether the extracts from Khasra-Girdwari produced by respondents 1 to 3 with their application before the Land Claims Officer were "fabricated" the High Court called upon the State Government to produce the original Khasra-Girdwari for the year 1957-58, but the State did not produce the record on the somewhat specious plea that the Khasra-Girdwari was "not traceable". The State also relied upon an affidavit of the Deputy Secretary to the Government of Punjab, Rehabilitation Department, stating that the order of exchange was obtained by respondents 1 to 3 on the basis of incorrect Khasra-Girdwari entries and that the Tahsildar had signed the copy of the Khasra-Girdwari prod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compensation to a displaced person or any lease or allotment granted to such a person has been obtained by him by means of fraud, false representation or concealment of any material fact, then, notwithstanding anything contained in this Act, the Chief Settlement Commissioner may pass an order... cancelling the lease or allotment granted to him.... The Chief Settlement Commissioner has, therefore, power under Sub-section (2) to cancel an allotment if he is satisfied that the order of allotment of land had been "obtained by means of fraud, false representation or concealment of any material fact." The power is judicial and by the use of the expression "is satisfied" the Chief Settlement Commissioner is not made the final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allottee of the lands were in danger of being deprived of their lands and that alternative allotment of land be made to respondents 1 to 3. The revenue authorities had reported that in the village there was a total area of 1102 acres of cultivable land out of which about 822 acres had been rendered uncultivable and only 280 acres remained cultivable. It appears further that when the river Sutlej was in floods it was difficult to save even the a bad land, that the residents of the village were permanently in danger of river erosion and that the Kanungo-Tahsildar regarded the condition of all the allottees as "miserable". The Chief Settlement Commissioner did not refer to the report of the Kanungo-Tahsildar and the Assistant Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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