Law:

Section:

(a) Settlement Scheme No. 1, pain. 20 read with press note dated 3rd May 1960-Expression "A house . . . . . converted Into a hotel . . . . . . may be transferred" appearing in press note-Use of word "may" does not necessarily suggest a recommendatory directive-Person, satisfying all conditions of press note, entitled to transfer of property even if instruction contained in press note be merely directory and not mandatory. The directions in the press note, dated 3rd May 1960 issued by the Chief Settlement Commissioner under paragraph 20 of the Settlement Scheme No. I, although couched in the form of instructions, are sufficiently specific to sustain the plea that when the conditions which they prescribe are satisfied, the relief for which they provide must be allowed otherwise the very purpose of the press note would be defeated. Now, Scheme No. I was prepared with the approval of the Central Government and similarly the press note of the 3rd of May 1960 which was issued under para. 20 of the aforesaid scheme was issued with the approval of the Central Govern. ment. Sub-Darn. (iii) of para. 3 of the press note gave full powers to the Chief Settlement Commissioner to transfer the converted house, a shop or a small industrial concern which has been converted into a hotel or restaurant to the person in possession of such hotel or restaurant on payment of the prevailing market value plus an additional amount up to 50 % i of such value without placing any qualification as to the person to whom it was to be transferred and without any limitations on the ceiling value of the property to be transferred. It deals with the case of a converted property which loses its original character after conversion. The ban in the case of a local on the transfer of property worth more than Rs. 10,000 does not, therefore, impinge on this newly-created right under the press note. (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 10(b)-Disposal of property under el. (b) of S. 10 by Chief Settlement Commissioner-Unfettered by any limitation-Manner of its transfer (subject to approval of Central Government) entirely within his province. (c) Interpretation of…

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