Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)-Ss. 11, 19 & 21-Interpretation of statutes - Chief Settlement Commissioner's power under S. 11 to cancel allotment-Not con­trolled by S. 19 and not subject to any period of limitation-Words "subject to other provisions of this Act"-Merely connote that Chief Settlement Commissioner's order under S. 11 is subject to revisional.. jurisdiction of High Court under S. 21. Where the allotment of a land was cancelled by the Chief Settlement Commissioner under section 11 of the Displaced Persons (Land Settlement) Act, 1958, it was contended that the Chief Settlement Commissioner could not in exercise of his suo motu power under section 19 (1) of the Act cancel the allotment after a period of nine months from the date of confirmation. Held : The jurisdiction of the Chief Settlement Commissioner under section 11 of the Displaced Persons (Land Settlement) Act, 1958 is not assimilable to his revisional jurisdiction under section 19(1) of the Act. Section 11 occurs in Chapter IV of the Act, beginning with section 9 which creates a hierarchy of various Settlement Authorities with the Chief Settle­ment Commissioner at the apex. Section 10 gives plenary power to the Chief Settlement Commissioner to cancel or to reduce an allotment when he is satisfied that the allotment has been obtained by "fraud or false representation." Exercise of power under this section is not subject to any period of limitation. Section 11 gives analogous but wider power to cancel or terminate an allotment or a lease made under a Scheme or under this Act. Power exerciseable under this section is not hedged by any condition except that an allotment or lease can be cancelled or terminated for reasons to be stated in writing. It is important to observe that under this section, power of cancellation or termination is to be exercised otherwise than for reasons of fraud or misrepresentation and is available both in respect of allotments and leases. Under subsection (2) ibid, the allottee whose allotment or a lessee whose lease has been cancelled is required to surrender the possession to the Chief Settlement Commissioner, or any person authorised by…

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