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

Section:

  Natural Justice-Opportunity of being heard-Party not heard by Deputy Rehabilitation             Commissioner-Taking            appeal before Additional       Rehabilitation Commissioner-Omission of Deputy Rehabilitation Commissioner to afford opportunity of hearing no longer of any significance.   Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958),Ss. 3 & 29-Settlement Authorities' right to eject continues even after Government has acquired property in question by Notification under S. 3, and, further, even after such property has been transferred to an occupant, till, however, such time such occupant has paid up full price thereof. Section 29, Displaced Persons (Compensation and Rehabilitation) Act, 1958, provides that an order of ejectment can be passed by the Settlement Authorities even after the property has been taken over by the Central Government under section 3 of the Displaced Persons (Compensation and Rehabilitation) Act, provided the conditions mentioned in section 29 existed.   But when the property has been transferred to someone under the provisions of the Act, it is only that person who can take proceedings for ejectment against a person whose ejectment is sought and no Government agency can concern itself with the ejectment, but the rights of the Settlement Authorities to pass orders under section 29 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, continue till the person to whom the property has been transferred under the provisions of the Act becomes its full-fledged owner. If, therefore, in spite of the order of transfer the whole price has not been paid by the transferee, the power to eject conferred by section 29 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, on the Settlement Authorities continues to vest in them. Provision on the point appears to have been made in the Act with a view to ensuring that powers to pass orders of ejectment for the reasons mentioned in section 29 should continue till Government and the…