Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 4(2) , (4) , 10(2)

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) ----S. 4(2) & (4)---Evacuee Trust Properties (Management and Disposal) Act (XIII of 1975), S. 10(2)---Property owned by Educational Institution-- Nature---Evacuee properties owned by educational institutions were declared evacuee property and thus part of compensation pool by Chief Settlement Commissioner on ground that properties were assessed to property tax---Held, said declaration was based on erroneous view---Mere assessment of such evacuee property to property tax would not detract from the validity of general declaration made under S. 4(2), Displaced Persons (Compensation and Rehabilitation) Act, 1958, whereby such properties remained evacuee trust properties and did not form part of compensation pool. Ch. Fazal-e-Hussain for Appellant. Syed Jamshed Ali and Syed Mansoor Ali for Respondent No.13. Respondent No. 18 in person. Date of hearing: 10th November, 1992. JUDGMENT This appeal under section 4(4) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 is directed against the order dated 23-10-1968 passed by the Settlement Commissioner with the powers of Chief Setttlement Commissioner through which the /application moved by the applicant seeking delcaration that the properties in dispute bearing No.SE-36 R-140 and No.SE-36-R-142 were evacuee trust properties has been rejected. I have examined the record with the assistance of the learned counsel for both the parties and the impugned order. It is an admitted fact that both A the properties were   owned by Victoria Diamond Jubilee Hindu Technical Institute which was a Society registered under the Societies Registration Act (21 of 1860) Learned counsel for respondent No.13 frankly admitted that the said Society was an educational institution as per its Memorandum of Association. The Settlement Commissioner was influenced by the fact that the properties had been assessed for the purpose of property tax, therefore, the same was not trust property because the property tax could not be assessed regarding trust properties. I am afraid the reasonings on the basis of which the Settlement Commissioner proceeded to hold…