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Judgment Search Results Home  Phrase:displaced persons compensation and rehabilitation act 1954 repealed section 10

Nov 09 1972

Holomal Vs. Union of India and Ors.

  • Decided on : 09-Nov-1972

Court : Delhi

Reported in : AIR1973Delhi238

... (Punj) were relied upon.4. The fourth respondent was still unsatisfied and applied to the Central Government under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act. 1954. The Deputy Secretary to the Government of India exercising power under this section accepted the revision application and held that the rule. as applied by Sh. Parashotam Sarup had been wrongly ... Act provides for the situation that arise when enactment are repealed. Now Rule 30 and Rule 31 have been repealed. and the question is does this section have any bearing on the right of the petitioner? It is necessary to note that the section only applies to Central Acts or Regulations and the rules made under the displaced Persons (Compensation and Rehabilitation) Act 1954. are neither a Central Act ... 10. It may be recalled that Section 6 of the General Clauses Act provides for the situation that arise when enactment are repealed. Now Rule 30 and Rule 31 have been repealed. and the question is does this section have any bearing on the right of the petitioner? It is necessary to note that the section only applies to Central Acts ... to which this rule was to apply were cases of displaced persons who had been settled in the properties in question long before the rules were actually brought into force. The Displaced Persons (Compensation & Rehabilitation) Act was passed in 1954 and the rules were made in 1955. but displaced persons were already occupants in evacuee property sometime between 1947 and 1955 ...

Nov 17 2006

Jagtar Singh Vs. The Chief Settlement Commissioner and Ors.

  • Decided on : 17-Nov-2006

Court : Himachal Pradesh

Reported in : 2006(3)ShimLC1

... Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Central Act No. 44/1954) and because the said Act had been repealed by the Displaced Persons Claims and other Laws Repeal Act, 2005 (Central Act No. 38/2005) and since there was no saving Clause in the aforesaid repealing Act, the revision petition was not maintainable.3. Apparently, the learned Financial Commissioner (Appeals) was not aware of Section 6 of the General Clauses Act, 1897 (Central Act No. 10 ... Displaced Persons Claims and other Laws Repeal Act, 2005 (Central Act No. 38/2005) and since there was no saving Clause in the aforesaid repealing Act, the revision petition was not maintainable.3. Apparently, the learned Financial Commissioner (Appeals) was not aware of Section 6 of the General Clauses Act, 1897 (Central Act No. 10 of 1897) which very clearly stipulates and lays down that despite repeal of any Central Act, such repeal ... repealed by the Displaced Persons Claims and other Laws Repeal Act, 2005 (Central Act No. 38/2005) and since there was no saving Clause in the aforesaid repealing Act, the revision petition was not maintainable.3. Apparently, the learned Financial Commissioner (Appeals) was not aware of Section 6 of the General Clauses Act, 1897 (Central Act No. 10 of 1897) which very clearly stipulates and lays down that despite repeal of any Central Act ...

Jul 16 2014

Present: Mr. G.S. Nagra Advocate Vs. Financ ...

  • Decided on : 16-Jul-2014

Court : Punjab and Haryana

... to Govt., Punjab and otheRs.2011(1) PLR110and held that protection under Section 41 of the Transfer of Property Act is sub servient to Section 24 of the Displaced Persons (Compensation & Rehabilitation) Act. Section 41 of the Transfer of Property Act, 1882 does not over-ride the provisions of Section 24 of the Displaced Persons (Compensation & Rehabilitation) Act. In view of this, the plea of bona fide purchaser is ... pending till the repeal of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. Admittedly, issue in dispute is cancellation of land which was allotted in lieu of land left in Pakistan and the land in dispute was sold before its cancellation. Petitioners are claiming property in dispute and the protection under the provisions of the Transfer of Property Act, 1882 being subsequent ... 08.2013 (Annexure P/10).order dated 19.03.2013 (Annexure P/8) passed by the Financial Commissioner, Revenue, Punjab - respondent no.1, order dated 15.03.2011 (Annexure P/4) passed by Special Secretary Revenue, Punjab exercising the powers of Claims Commissioner under the Punjab Package Deal Properties (Disposal) Amendment Act, 2009 respondent No. ... 3).The matter remained pending before respondent no.3 and in the meantime, the Displaced Persons (Compensation and Rehabilitation) Act, 1954 was Kumar Virender 2014.07.30 16:11 I attest to the accuracy and integrity of this document CWP No.8852 of 2014 3 repealed by Government of India in the year 2005. The case came up for hearing ...

Mar 01 2006

Doaba Nirmal Mandal (Regd.) and Anr. Vs. Financial Commissioner Revenu ...

  • Decided on : 01-Mar-2006

Court : Punjab and Haryana

Reported in : (2006)143PLR174

... Act, 1976, and therefore, the learned Financial Commissioner did not have the jurisdiction to proceed under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. Thus, this argument is wholly misconceived and the same is rejected.13. Learned Additional Advocate General has submitted that the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as 'the Act'), has been repealed ... (b) Relief and Rehabilitation (d) on account of Urban Evacuee Agricultural land purchased from Government of India in Package deal.10. On the other hand the learned Senior Additional Advocate General has argued that the statute i.e. Displaced Persons (Compensation and Rehabilitation) Act, 1964, has been repealed by virtue of ... Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. It may be noticed that respondent No. 2 had earlier challenged the transfer of the land measuring 2 Kanals 2 Marlas by way of a petition under Section 15 of the Punjab Package Deal vroperties (Disposal) Act, 1976 read with Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 ... 22, 1983 passed by the learned Financial Commissioner exercising the powers under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. The admitted fact is that the petition under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 had been filed challenging the order dated May 3, 1979 vide ...

Dec 05 2008

Rourkela Local Displaced Association and Ors. Vs. State of Orissa and ...

  • Decided on : 05-Dec-2008

Court : Orissa

Reported in : 107(2009)CLT269

... Repealing Act as the Repealing Act only says that the Orissa Development of Industries, Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition) Act, 1948 is repealed and in such case the provisions of Section 5 of the Orissa General Clauses Act would be applicable, the relevant part of which is as under:5. Effect of repeal-Where any Orissa Act repeals ... the civil deposit for disbursement of rest compensation.5. It is not disputed that Ac.4506.29 of land was surrendered to the State Government by the Rourkela Steel Plant. However, the State Government have stated in .the counter affidavit that displaced persons have been provided rehabilitation in 15 reclamation camps as also provided ... 1954-55 and subsequent to that, the State Government acquired agricultural and homestead lands in the district of Sundargarh and urgency clause was made applicable for speedy acquisition under the provisions of Orissa Development of Industries, Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (hereinafter referred to as 'the Act ... compensation has already been paid to the members of the Association. It has further been stated that the surplus lands have been dealt with and disposed of as per the provisions contained in Section 10 read with Rule 17 of the Orissa Development of Industries, Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition) Act ...

Oct 18 1972

Dev Raj Vs. The Union of India and Ors.

  • Decided on : 18-Oct-1972

Court : Punjab and Haryana

Reported in : AIR1974P& H65

... repealed on 3rd August, 1963, the property in question could not be transferred to any one of the occupants and directed the same to be put to auction. An appeal filed by Pt. Dev Raj to the Chief Settlement Commissioner and a revision under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 ... displaced person under Section 10. (j) the procedure for the transfer of property out of the compensation pool and the manner of realisation of the sale proceeds or the adjustment of the value of the property transferred against the amount of compensation.27. It was in exercise of this power under Section 40 that the Displaced Persons (Compensation and Rehabilitation ... compensate such claimants and to rehabilitate them, the Displaced Persons (Compensation and Rehabilitation) Act, 1954, was enacted and it came into force on the 9th of October, 1954. Its preamble is in these words:'An Act to provide for the payment of compensation and rehabilitation grants to displaced persons and for matters connected therewith.'23. Section 3 of the Act sets up the machinery for carrying out its purpose and to enforce its provisions. Section ... assumes that Rule 30 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955. (hereinafter called the Rules) as amended in March, 1961, would govern the proceedings pending on appeal under Section 22 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954(hereinafter called the Act.) This would seem to me to ...

Jan 25 2010

Nawab Jamshed Ali Khan and Ors. Vs. State of U.P.

  • Decided on : 25-Jan-2010

Court : Allahabad

Reported in : 2010(2)AWC1942

... thus until the shares of the three brothers were separated under the Evacuee Interests (Separation) Act, 1951, the declaration of evacuee property and the consequent sale was illegal and inoperative. A composite property could not be acquired by the Central Government under Section 21 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and thus the sale is without jurisdiction and void. He has relied upon Smt. Masoom ... . State of U.P. and Ors. 1981 ARC 31. It held that repeal of Clauses (ii) and (iv) of the Explanation of Sub-section (1) of Section 21 will not have any effect on the right of a landlord in respect of a building to which Clause (a) of Sub-section (1) does not apply for enhancement of monthly rent of a building let ... concerned with l/5th share of which a description is given in the application.15. The Custodian executed a sale deed in favour of Government of Uttar Pradesh on 3.10.1967. The boundaries of property sold by the sale deeds are described as follows:ScheduleAcquired property known as Umar Manzil situated in proper Muzaffarnagar with all fixtures and fittings and ... Dr. Zafar Ali Shah (supra) the Constitution Bench held that no property can be declared to be evacuee property unless a notice is given to the person under Section 7 of the Administration of Evacuee Property Act, 1950.12. Shri Ashish Kumar Singh submits that the sale deed in favour of the State is void and inoperative and could be avoided by the ...

Jul 15 2011

Jalandhar Improvement Trust Vs. Vinod Kumar And Ors.

  • Decided on : 15-Jul-2011

Court : Supreme Court of India

... Bhisti Darwaja, Civil Lines, Jalandhar. 13. The Sub Divisional Magistrate, Jalandhar passed an order dated 27.04.2007 holding that the case could not be decided in view of repeal of Displaced Persons (Compensation Rehabilitation) Act, 1954 by the Ministry of Law and Justice, Legislative Department, New Delhi. 14. Thereupon, the respondents herein filed a separate writ petition for quashing the order dated 27.04 ... upheld by the Additional District Judge, Jalandhar vide his judgment dated 18.01.1985. 10. Subsequent to the aforesaid order, an application under Sections 5 and 7 of the Punjab Public Premises Land [Eviction and Rent Recovery] Act No. 31 of 1973 [hereinafter referred to as the Eviction Act] was filed by the appellant initiating a proceeding for eviction of the respondents. ... of the present case. 6. The respondents, however, contended inter alia that they are in occupation of the said land by way of evacuee property as they were being displaced persons from Pakistan. The said land was transferred to the Improvement Trust, Jalandhar for the execution of 55.0 Acres Development Scheme developed by the Punjab Government. The Land Acquisition ... occupied the land in dispute in the year 1947, measuring 2-1/2 kanals in Khasra No. 16693/6729 in the 55.0 Acres Development Scheme as they were displaced persons from Pakistan. On the other hand the appellant - Improvement Trust Jalandhar has stated that respondents encroached the said land which belongs to the Government. 5. An Award was ...

Dec 20 2012

SURYA KANT J. Vs. State of Punjab & Ors.

  • Decided on : 20-Dec-2012

Court : Punjab and Haryana

... Displaced Persons [Compensation and Rehabilitation].Act, 1954 was repealed on 06.09.2005 and resultantly scores of the claims including that of the petitioners elapsed. [4].The Central Government therefore issued instructions on 22.09.2008 to Punjab Government that pending claims would not be deemed to have elapsed on account of the repealing of the Act. The High Court also issued directions to the State of Punjab to act ... be reported in the Digest?. SURYA KANT, J. The petitioners while challenging the vires of Section 2[c].of the Punjab Package Deal of Properties [Disposal].Amendment Act, 2009 whereby the definition of 'Standard Acre' contained in Section 2[3].of the Punjab Package Deal [Properties].Act, 1976 has been amended, also seek quashing of the orders dated 30.03.2010 and ... was set aside. The appellate order dated 07.04.1966 passed by the Assistant Settlement Commissioner was upheld by the Chief Settlement Commissioner also vide the order dated 31.10.1966. There was yet another reference made to cancel the allotment but that was also declined by the Chief Settlement Commissioner on 26.08.1969. [3].Gurdas Mal passed ... be deemed to have elapsed on account of the repealing of the Act. The High Court also issued directions to the State of Punjab to act upon the instructions of the Government of India and settle the pending claiMs.[5].It was thereafter that the Punjab Package Deal of Properties [Disposal].Amendment Act, 2009 was legislated to settle the pending claiMs.whereunder ...

Mar 13 2013

Kehar Singh Vs. State of Punjab and others

  • Decided on : 13-Mar-2013

Court : Punjab and Haryana

... Section 4-B, inserted vide Punjab Act No.5 of 2009, it would be appropriate to reproduce the same, which reads as under:- 4-B (1) A displaced person in whose favour, an order regarding entitled to property in lieu of the property, left in CWP No.5296 o 3. Pakistan, was passed by any authority, appointed under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 since repealed ... against the order dated 22.10.2009 (Annexure P-3).rejecting the application of the petitioner for making up the deficiency in the allotted area. Brief facts of the case are that petitioner claims himself to be a displaced person from Pakistan. He further claims that treating his father to be a displaced person from Pakistan, he was found ... Act No.5 of 2009, it would be appropriate to reproduce the same, which reads as under:- 4-B (1) A displaced person in whose favour, an order regarding entitled to property in lieu of the property, left in CWP No.5296 o 3. Pakistan, was passed by any authority, appointed under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 since repealed (hereinafter referred to as the repealed Act of 1954 ... Section 4-B of the Act, to contend that the impugned orders passed by the respondent authorities were contrary to the provisions of Section 4-B of the Act. Since the case of the petitioner is based on Section 4-B, inserted vide Punjab Act No.5 of 2009, it would be appropriate to reproduce the same, which reads as under:- 4-B (1) A displaced person ...

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