Law: Displaced Persons (Land Settlement) Act, 1958

Section: 15(3), 16, 2(7), 18

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 15(3), proviso, & S. 16 read with Rehabilitation Settlement Scheme, Part IT, Chap. 1, para. 6(2)(iv)--Permanent Settlement Conversion of earlier allotment into permanent allotment-Manda tory requirement of law-Provisional allotment of land converted Into permanent allotment and no appeal, revision, or review pending at time of such permanent allotment-Land, held, vested absolutely in allottee. In terms of section 15(3) of the Displaced Persons (Land Settlement) Act, 1958, the allotment is saved as it is a mandatory requirement of law that the earlier allotment shall be converted into a permanent one. At the time these survey numbers were permanently settled, no appeal, revision or review before a Settlement Authority was pending. It was conceded that the Miscellaneous application, which is the foundation of these proceedings, was not either in the nature of an appeal, revision or review, accordingly, there was no bar in terms of the proviso to section 15(3) in the way of permanent settlement of these survey numbers in favour of the petitioners and the survey numbers vested absolutely in the petitioners under section 16 of the Act. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 2(7) & S. 15(3) read with Rehabilitation Settlement Scheme. Part II, preamble, proviso-Provisional allotment made earlier to promulgation of scheme -Saved by proviso to preamble-Such allotment to be deemed an allotment under scheme-No exception can be taken to applicability of S. 15(3) regarding earlier allotment to be made permanent. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 15(3) read with Rehabilitation Settlement Scheme. Part II, Para. 6-Provisions of scheme-Procedural in nature ; hence not retrospective in effect-Nor do override S. 15(3) of Act-Prove lion of para. 6 of Scheme providing method for allotment of garden introduced later than allotment of land--Cannot nullify allotment. The provisions in the scheme are procedural in nature and even though they provide different methods for the allotment of agricultural land and garden yet they do not have the effect of overriding…