Bishan Singh vs Central Government and Others

Daya Krishan Mahajan, J.—This order will dispose of Civil Writs Nos. 174, 416 and 420 of 1961. The point for determination in all these petitions is the same.

The Petitioners are various allottees of land who had obtained allotment of land in excess of what they were entitled to. The excess allotment was cancelled by the appropriate authority and they were offered to purchase this land at the fixed value. The value has been fixed at the rate of Rs. 675 per standard acre upto two standard acres and at the rate of Rs. 900 per standard acre exceeding two standard acres. The contention of the Petitioners is that they can only be asked to pay the price at the rate of Rs. 450 per standard acre and further that the land must be sold to them and none else. Reliance is placed on Rule 62 read with Rule 56 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955. It is not necessary to decide as to what Is the correct position under these rules because a complete answer to the petitions is furnished by Rule 69, which is in these terms:

Nothing in this Chapter shall apply Jo agricultural land allotted in the Stales of Punjab and Patiala and East Punjab States Union u/s 10 of the Act.

The allotment of the Petitioners was u/s 10 of the Act and, therefore, by reason of Rule 69 they are not entitled to the benefit of the Chapter in which the Rules 56 and 62 occur. There is no other provision in the rules or in the Act whereunder such displaced persons who had taken land in excess of what they were entitled to have a right to purchase that excess in land at any fixed price. The coffer by Government to sell such excess to such persons at the price fixed by Government is merely a concession shown to them but it does not confer any right on them under the law and, therefore, if they want to avail of this concession they have to pay the price fixed by the Government. That being so there is no merit in either of these petitions. The same fail and are dismissed. The Department will, however, make the last offer to these Petitioners to acquire the land at the-price at which the Department offered them to do so at the relevant time. In case they fail to pay that price the Department may and can deprive them of the excess area of land. There will be no order as to costs.