TMI Blog1961 (3) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... e Raikot. A revision petition preferred by the appellants against the order of the Assistant Custodian was dismissed by the Additional Custodian on August 20, 1952. On October 7, 1952 the appellants preferred a revision application before the Custodian General. 2. During the pendency of the revision application the Additional Custodian for the State of Punjab cancelled the allotment of fourteen quasi-permanent allottees of the village Karodian in the same district on the ground that these persons were entitled to allotment of suburban land and had been wrongly fitted in the village Karodian. Acting suo motu the Additional Custodian made an order on October 31, 1952 cancelling the order of allotment of land in the village Raikot made in favour of the appellants in the year 1949 and instead allotted to them land in Karodian in substitution of the lands at Raikot and of the lands allotted to their father. The land allotted was out of the land released upon the cancellation of allotment of lands in favour of the aforementioned 14 allottees. These fourteen allottees preferred an application for review of the order cancelling their allotment on the ground that this cancellation was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n General was that his jurisdiction to revise the order has been taken away by virtue of the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1954, (44 of 1954) and the notification issued thereunder on March 24, 1955. In taking this view he has relied upon the decision in Bal Mukund v. The State of Punjab I.L.R. 1957 Punj. 712. In that case the Court has held that the powers of the Custodian General to deal with matters of this kind have been taken away by the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and that these powers now vest in another authority and that there is no provision of continuing the proceedings which had been commenced under the Administration of Evacuee Property Act, 1950, but had not been concluded. Mr. Achhruram for the appellants challenged the correctness of this decision. 8. There is no specific provision in this Act to the effect that after its commencement the jurisdiction of the various authorities created by the Administration of Evacuee Property Act, 1950, to deal with the allotment or cancellation of allotment of evacuee property shall cease. What is urged by Mr. Khanna on behalf of the Custodian General i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r that section shall form part of the compensation pool. Under s. 16(1) of this Act the Central Government is empowered to take such measures as it considers necessary or expedient for the custody, management and disposal of the compensation pool. Sub-s. 2 of s. 16 empowers the Central Government to appoint such officers as it deems fit or to constitute such authority or corporation as it deems fit for the purpose of managing and disposing of the properties forming part of the compensation pool. Section 19 of the Act provides that notwithstanding anything contained in any contract or any other law for the time being in force but subject to the rules that may be made under the Act the managing officer or managing corporation may cancel any allotment etc., under which any evacuee property acquired under the Act is held or occupied by a person whether such allotment or lease was granted before or after the commencement of the Act. This provision thus confers the power to deal with evacuee property acquired under the Act only on a managing officer appointed or managing corporation constituted under the Act and makes no mention whatsoever of the Custodian appointed under the Administrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is acquired under the provisions of this Act and forms part of the compensation pool, the displaced person shall, so long as the property remains vested in the Central Government, continue in possession of such property on the same conditions on which he held the property immediately before the date of the acquisition, and the Central Government may, for the purpose of payment of compensation to such displaced person, transfer to him such property on such terms and conditions as may be prescribed. 11. It is followed by an explanation; but that explanation has no bearing upon the point urged by Mr. Achhruram. It is no doubt true that the Rajkot lands were allotted to the appellants under the notification referred to in clause (a) of this section and, therefore, they would be entitled to the benefits conferred by this section provided they satisfied all the other requirements of this section, express or implied. It is implicit in this section that the displaced person to whom land was allotted held the land and was in possession of such property at the date of the notification. It is not disputed that the appellants ceased to hold and had lost possession of the Rajkot lands be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... todian, Custodian or Custodian General, shall be transferred to the allottee . 14. The aforesaid rule is in Chapter X headed Payment of compensation under section 10 of the Act and deals with a transfer of property to an allottee by way of final settlement of his claim to compensation and does not deal with the question of allotment on a quasi-permanent basis. Moreover, this rule applies to a proceeding before an authority created by the Displaced Person (Compensation and Rehabilitation) Act and not to an authority created by the Administration of Evacuee Property Act. There is, therefore, no substance in this argument. 15. Finally Mr. Achhruram referred to s. 17 of the 1954 Act and to r. 102 of the Rules framed thereunder and said that the powers of the managing officers appointed under the Act are confined only to properties which are entrusted to them for management and not with respect to any other property. Section 17 deals with functions and duties of managing officers and managing corporation. Sub-s. (1) provides that managing officers and managing corporations will perform such functions as may be assigned to them under the Act. Sub-s. (2) provides that subject to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s allotted or leased to him without the permission of a competent authority, or (c) has committed any act which is destructive of or permanently injurious to the property, or (d) for any other sufficient reason to be recorded in writing; Provided that no action shall be taken under this rule unless the allottee or the lessee, as the case my be, has been given a reasonable opportunity of being heard. 16. He points out that in the first place, the rule speaks of land 'entrusted' to the manager and, therefore would operate only if entrustment is established. What we have said in regard to s. 17 would apply here also. He then says that this rule restricts the powers of a managing officer or a managing corporation in the matter of cancellation of allotment in the sense that it permits cancellation only on certain specified grounds and, therefore, if cannot be said that s. 19(1) of the Act is completely in conflict with s. 10 of the Administration of Evacuee Property Act in so far as the question of cancellation of allotment is concerned. We cannot accept the argument because, apart from the fact that the acquired properties have ceased to be evacuee properties, clau ..... X X X X Extracts X X X X X X X X Extracts X X X X
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