Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 16(1)(b)(c)

 Rehabilitation and Settlement Scheme No. I Para. 2 and Rehabilitation and Settlement Scheme No. IV, ,paras. 19 & 20 read with Chief Settlement Commissioner's Gazette Notification No. 2099-C. S. C. in Press Note dated 9-9-1960, and Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 16 (1)(b) & (c)-Notification issued under any Scheme-Cannot over ride provisions of Scheme itself-Paragraph 19 of Scheme No. IV restricting transfer of houses and shops in possession of displaced persons from occupied territory of Jammu & Kashmir to persons displaced from such territory only, person from any other area, held, not entitled to transfer of such property. The question was whether a notification issued under a Scheme can over ride the provisions of the Scheme itself. No such powers have been reserved by the Chief Settlement Commissioner under either of the Rehabilitation Schemes to vary or alter them by a notification under a power derived by them from that Scheme itself. Paragraph 19 of the Settlement Scheme No. 1V runs as follows:- "Souses and shops in the possession of displaced persons from occupied territory shall not be transferred by a Settlement Authority to any person, who is not a displaced person from the occupied territory." Any notification issued under paragraph 20 of Settlement Scheme No. IV has, therefore, to be necessarily subject to the provisions of paragraph 19 and could not override it. In other words action can be taken under the notifica tion only for the only benefit of a person- (a) who was a Government servant; (b) who was a displaced person from Jammu & Kashmir; (c) for whose benefit an ejectment order has been passed against the occupant; and (d) the said order had not been implemented through no fault or negli gence of the aforesaid beneficiary. In the present case while the petitioner was a displaced person from Jammu & Kashmir and, therefore, entitled to the protection of paragraph 19, respondent was admittedly a refugee from East Punjab and his case is not covered by Scheme No. IV. Any property in the occupation of a displaced person from Jammu & Kashmir could not be…