Law:

Section:

Displaced Persons' (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10 & Sched, para. 16 and Settlement Scheme No. III, para. 4-Property as a whole declared to be "big mansion".­Disposal otherwise than by unrestricted public auction not warranted by law -- Chief Settlement Commissioner . not competent in law to dispose of only a "portion" of big mansion by unrestricted public auction without ` first" declaring such portion itself to be big man­sion-No order of Chief Settlement Commissioner declaring property to be "big mansion" can take effect retrospectively. A property consisted of a number of shops and flats in occupation of different persons. It was admitted on all hands to be a "big mansion" liable to be sold by unrestricted public auction as there was no direction by the Government for its disposal in any other manner. However, the Deputy Settlement Commissioner instead of putting the property as a whole to public auction, put only a portion thereof :o auction anal transferred the rest of the larger portion to the various occupants. The persons in occupa­tion of the portion put to public auction felt aggrieved and challenged this order before the Chief Settlement Commissioner. The Chief Settlement Commissioner upheld the decision of the Deputy Settlement Commissioner and ordered "(1) The transfer of the portion of the Bakhshi Market (i.e., the disputed portion) which had already been disposed of in any other manner ([e., by public auction) may be allowed to stand. (2) The remaining portion of the market may not be treated as part of a big mansion and may be disposed of as individual houses, shops etc. The persons in occupation of the respective units may be permitted to submit C. H. C. S. Forms etc. within 30 days, if they have not already done." This order was impugned first before the High Court and subsequently before the Supreme Court. Before the Supreme Court the question for consideration was whether it was competent to the Chief Settlement Commissioner himself to put to auction only part instead of the whole big mansion to auction and whether any order of the Chief Settlement Commissioner declaring a property to be big mansion can…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492