Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1458)---Sched., para. 13(1) read with Manual of Settlement, p. 258- Transfer of evacuee building site-Settlement authorities finding structures put up by petitioner not of permanent character and one fourth of area claimed also not covered by building-Petitioner, held, had no locus standi to object to transfer in favour of respondents, their own entitlement being not established-Points determined by Settlement authorities being questions of fact fell within their jurisdiction to be satisfied by inspection and reports. JUDGMENT S. A. RAHMAN, J.-The claim of the petitioners to transfer of an area of land with some structures thereon, of which they were in possession, was turned down by the Settlement authorities on the twin grounds that the structures in question were not of a permanent character and that the area covered by the structures was not of the requisite proportion to the area claimed, as required by the Scheme framed under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The petitioners unsuccessfully challenged the orders of the Settlement authorities in the High Court. A learned Single Judge declined to issue a direction under Article 98 of the, Constitution and a Letters Patent Bench agreed with that decision. This is a petition seeking special leave to appeal from the order of the High Court. Mr. Waheed Farooqui on behalf of the petitioners, drew our attention to paragraph 1?(1) of the Schedule to the Act, at page 258 of the Manual of Settlement, which lays down, inter alia, that an evacuee building site which has been allotted to a claimant, on which a permanent building has been constructed by him, shall be transferred to him on payment of the market value prevalent at the time of allotment and may, if the claimant…

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