Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(12), provisos 1 & 2 read with Old Manual of Settlement Law and Procedure, para. 2, cls. 2 (a) & 3 and instructions dated 22-10-1959 issued by Chief Settlement Commis­sioner printed on pp. 68-70-Division of premises-Building com­posite-Chief Settlement Commissioner or his delegate empowered to specify part or parts of building as shop and house-Vertical division from ground to sky preferable but no bar in way of horizon­tal division either-Competent authority must however clearly specify parts of building to be separately treated as residential or business units-Rights of user of property in case of holder of lower tenement ­Shall not extend beyond line or level of division specified. The second proviso to clause (12) of section 2 of the Displaced Persons (Compensation and Rehabilitation) Act read with the instructions issued by the Chief Settlement Com­missioner in this behalf, leaves no doubt that in the case of a composite building, the Chief Settlement Commissioner, or his delegate, has the power to specify as to which part or parts of the building shall be deemed to be a shop and a house. The instructions appear to indicate that vertical division from the ground to the sky would be preferable, but there is no bar in the way of a horizontal division so that different floors of the building could be deemed to be a shop or a house and transferred as such to different persons. What is important and necessary in such cases is that the competent authority must clearly specify the parts of the building which are to be separately treated as residential or business units. In other words, the rights of the holder of the lower tenement as to user of the property would not extend beyond the line or level of division specified by the competent authority. Converse would be the case with the trans free of a higher tenement. In each case, however, the rule would apply according to the division or demarcation specified by the Settlement authorities. In the matter of easements the transferees would be governed by the ordinary law. The trans­ferees of the shops situated on the ground floor…

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