Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10, 11, 12

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958, Ss. 10, 11 & 21-Cancellation of allotment-Powers of Chief Settlement Commissioner-Section 11 does not create or confer any right in any person to invoke jurisdiction of Chief Settlement Commissioner - Person moving application only an informant Cannot compel Chief Settlement Commissioner to take action under S. I.1-Such person, held, oat an aggrieved person entitled to revision under S. 21 against orders passed by Chief Settlement Commissioner or his delegate under Ss. 10 or 11. The petitioner in the present case had been allotted the disput ed land temporarily for maintenance, being Jammu and Kashmir Refugee. The land was subsequently allotted to the respondent who was a claimant. The application of petitioner under section 11 of the Displaced Persons (Land Settlement) Act, 1958, praying cancellation of the allotment in favour of the respon dent was rejected by the Additional Deputy Commissioner who was exercising the powers of Chief Settlement Commissioner. Revision petition under section 21 of the Act, against the orders of the delegate of the Chief Settlement Commissioner was pressed on the argument that if the impugned order had been set aside the petitioner would have ipso facto become entitled to the disputed land which was held by him in his temporary allot ment and since he would have been the beneficiary, he is the aggrieved person. Held : Section 11 of the Displaced Persons (Land Settle ment) Act, 1958 confers a power on the Chief Settlement Commissioner who can take action by cancellation of land In certain circumstances but it does not create or confer any right in favour of any person to invoke the jurisdiction of the Chief Settlement Commissioner under the Act. If any person moves an application, he does so by way of laying information to the Chief Settlement Commissioner for enabling him to exercise his powers. If the Chief Settlement Commissioner does not act on that information or if he holds some inquiry on the basis of that information and does not cancel an allotment under sections 10 and 11, the order does not, in any way, adversely affect the right or interest of the…