Law:

Section:

(a) Settlement Scheme No. VIII-Chap. II, para. 3 (2)---Resumption of property-Mandatory re­quirement of provisions contained in para. 3(2) of Chap. II of Scheme not complied with-Order of Deputy Settlement Commissioner resum­ing property, held, not valid in law. The main reason that prevailed with the Judges in the High Court was that the mandatory requirements of the provisions contained in paragraph 3(2) of Chapter 11 of the Settlement Scheme No. VIII were not complied with and therefore the order of the Deputy Settlement Commissioner resuming the property was not valid in law. "The relevant portion of the reads as follows. "It appears that after the publication in the newspaper no resumption order had been passed, as no such order has been placed on the record. If no order of resumption had been passed and the publication in the news­paper was considered to be a resumption order, even then it was necessary that the petitioners must have been informed of this order. It is more necessary as within 30 days of the date of order of cancellation, the defaulter may apply to the authorities to allow him to pay in lump sum the whole of the transfer price payable by him. Paragraph 3 has created a valuable right and this cannot be taken away simply by the fact that the substituted service had been effected. Apart from it, after remand of the case, the petitioners have specifically stated that they are prepared to pay the transfer price ; but the Deputy Settlement Commissioner did not care to examine this plea of the petitioners and entered into the controversy of the service. Similarly Member, Board of Revenue had the authority under paragraph 3(A) (2) of Chapter 11 of the Scheme to allow a defaulter to pay the transfer price. The Member, Board of Revenue did not exercise this discretion. It may be said that paragraph 3 (A) would be attracted only if no other person has applied for the transfer of the same but this provision is subject to the rule that second notice must have been given to the petitioners. Held : No exception can be taken with these views, and since the basic order of resumption of property has been rightly held to be invalid in law, the subsequent…

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