Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10, 11

Displaced Persons (Land Settlement) Act (XLVII of 1958) Ss. 10 & 11-Allotment-Notice for cancellation Khasra number already standing allotted in name of some one sought to be taken away from him-Requirement of individual notice to be fulfilled No such procedure, however, provided for initial allotments of evacuee agricultural land under Rehabilitation and Settlement Schemes-Disputed Khasra number allotted to respondent in normal manner, held, could not be taken away 5 years afterwards and made available for allotment to petitioners. The allotment of the disputed Khasra number was made in favour of the respondent in the normal manner, which does not include the issuance of any individual notices to persons, who may have filed claims in the estate. It is well known that all such proceedings are generally taken in the presence of the village gathering, and the arrival of the Rehabilitation/Revenue Officer in the village has always been regarded as sufficient notice for such purposes. If the Khasra number had already been allotted in the name of the petitioners, sad it was sought to be taken away from them, when the requirement of individual notice would have to be fulfilled but there is no such procedure provided for initial allotments of evacuee agricultural land under the Rehabilitation and Settlement Scheme. As a result, it becomes clear that the disputed Khasra number was allotted in favour of the respondent in the year 1967, in the normal manner, and was not available for allotment to the petitioners in the year 1972. Date of hearing: 25th February, 1981.                                                                                                                     ORDER ANWARUL HAQ, C. J.-The dispute in this case concerns evacuee land comprised in Khasm No. 2181, situate in village. Jaura, Tehsil Kharian of the Gujrat District. From the various documents on the…