Law: Displaced Persons Land Settlement Act, 1959

Section: 11(1)

(a) Displaced Persons Land Settlement Act (XLVII of 1958), S. 11(1)----Notice to show cause-Chief Settlement Commis sioner's order cancelling excess allotment of land challenged as passed without giving allottees reasonable opportunity of hearing----Allottees not disputing Departmental report regarding excess in allotment; occasionally filing applications before Chief Settlement Commissioner, and throughout remaining in touch with proceedings----Allottees, in circumstances, held, could not complain of passing of order without hearing them and had sufficient opportunity of hearing. It was contended that the order of Chief Settlement Commis sioner was bad in law, because the petitioners were not given an opportunity of hearing. Reliance was placed on proviso to subsec tion (1) of section 11 of the Displaced Persons (Land Settlement) Act which requires reasonable opportunity of hearing before the cancellation of an allotment. In this case, the Chief Settlement Commissioner passed the order on the application of the petitioners. It appeared from the file that they remained in touch with the proceedings before the Chief Settlement Commis sioner and occasionally made applications. One of the applica tions clearly showed that the re-verification by the Central Record Office was not disputed. Similarly, the initial applica tion contained an averment that the re-verification was correct. In these circumstances, particularly when the petitioners them selves were the applicants and remained in touch with the proceedings, it was held that they could not complain that the order had been passed without hearing them. What is a reasonable opportunity, depends upon the circumstances of each case. The High Court felt satisfied that the petitioners in this case had sufficient opportunity of hearing before the Chief Settle ment Commissioner. (b) Displaced Persons Land Settlement Act (XLVII of 1958), S. 19---Revision---Chief Settlement Commissioner not applying his own mind to facts of case but mechanically approving report of his subordinate-Order passed, held, not proper. Ghulam Mohi-ud-Din's case P L D 1964 S C 829 ref. (c) Displaced Persons Land Settlement Act (XLVII of…