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

Section: 11, 15, 16, 14, 18, 19

Law: Limitation Act (IX of 1908)

Section: 5

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958) Ss. 11, 15 & 16 read with Rehabilitation Settlement Scheme, Part II, Chap. I, para. 6-Land finally confirmed and permanently settled in favour of G, allottee-No objection raised against such allotment by any one-No prior claims or units pending in village at time-Allot ment neither challenged in appeal nor in revision within limitation period-N purchasing land from G after expiry of limitation period-- No fraud or misrepresentation alleged to have been committed in securing allotment by G, order correcting kind of soil more than 3 years after allotment, held, cannot be given effect to retrospec tively from date of allotment so as to deprive G and N of their valuable rights. (b) Limitation Act (IX of 1908) S. 5-Delay, condonation of-Can be made only on sufficient cause shown-Appeal apparently time-barred, onus to show delay being condoned for sufficient cause, held, lay on appellant-No order of condonation of delay appearing on record-Inference can be drawn of delay not being condoned. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958) S. 14 read with Limitation Act (IX of 1908), S. 5-Delay, condonation of-Appeal-No allegation of fraud or misrepresentation or commission of any other illegality in securing allotment-- Section 5, Limitation Act, 1908-Not applicable to proceedings under Displaced Persons (Land Settlement) Act, 1958.-[Limitation]. (d) Displaced Persons (Land Settlement) Act (XLVII of 1958) Ss. 14 & 18-Limitation-Settlement authority hearing appeal bound to decide question of limitation first-Failure to decide question of limitation before deciding appeal-Order passed on appeal, held, bad in law-Waiver of question of limitation-Not permissible. [Limitation]. Ahsan Ali's case P L D 1969 S C 167 rel. (e) Displaced Persons (Land Settlement) Act (XLVII of 1958) Ss. 18 & 19-Revision-Settlement Commissioner while accepting revision petition not mentioning fact of appeal before lower Tribunal being barred by limitation-Settlement Commissioner, held, clearly not conscious of such fact and omission to consider such legal aspect of case rendered his order without lawful…