Law:

Section:

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958)-----S.10---Supplementary Settlement Scheme No.1I---Leave to appeal was granted to examine whether under Supplementary Scheme No.11 framed under Displaced Persons (Land Settlement) Act, 1958, appellants i.e., successors-in-interest of temporary allottee of agricultural land in urban area, could claim permanent allotment thereof in adjustment of their verified claim relating to rural agricultural land above named by their predecessor-in-interest in India. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ---S.10---Supplementary Settlement Scheme No.I1, para.24---Disposal of evacuee property under the scheme---Mode of---Central Government was possessed of the power to dispose of evacuee property under the Supplementary Settlement Scheme No.11---Chief Settlement Commissioner could dispose of such land only to a limited extent---Where the claim of a person exceeded that limit, only the Central Government was authorized to dispose of that claim---Petitioners could, however, claim benefit of adjustment of their verified claim for rural areas up to the extent of limit within the powers of Chief Settlement Commissioner, provided such verified claim had not been settled elsewhere and conditions of policy were satisfied. (c) Displaced Persons (Land Settlement) Act (XLVII of 1958)-- ---S.10---Supplementary Settlement Scheme No.11, para. 24---Order passed in excess of jurisdiction---Effect---Chief Settlement Commissioner is authorized to dispose of urban land against rural verified claim to a limited extent i.e., to eight acres---Where order passed by the Chief Settlement Commissioner related to an area in excess of his jurisdiction, same has to be treated as without jurisdiction and without lawful authority and could be ignored as non-existent in law. JUDGMENT SHAFIUR RAHMAN, J.---Leave to appeal was granted to examine whether under Supplementary Scheme No.11, framed under Displaced Persons (Land Settlement) Act, 1958 (hereinafter referred to as the Act), the appellants, successors-in-interest of temporary allottee of 17-1 /2 acres of agricultural land in A urban area of Sillanwali, could claim…

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