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Oct 25 1971 (HC)

Ram Das T. Chugani Vs. Wazir Chand Narang

Court : Delhi

Reported in : AIR1972Delhi156

..... ground during the first two years the effect in law is not that the other provisos of section 14(1) of the delhi rent control act, 1958 are impliedly repealed by section 29(1) of the displaced persons (compensation and rehabilitation) act but rather that section 29(1) prevails over them for the first two years of the tenancy. (harishankar bagla v. state of madhya pradesh, : 1954crilj1322 ..... extent of the repugnancy.2. the appellant is the purchaser of a house in azadpur, delhi, from the compensation pool under section 20 of the displaced persons (compensation and rehabilitation) act, 1954. by virtue of the sale certificate he obtained title to the house with effect ..... ) the transfer of property act, 1882, (2) the displaced persons (compensation and rehabilitation) act, 1954 and (3) the delhi rent control act, 1958 and similar legislation in other states. the question before us is whether these acts can b construed harmoniously so that all of them can apply to a given situation or whether any of them is repugnant to the other and is repealed by implication to the .....

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Jul 16 2014 (HC)

Present: Mr. G.S. Nagra Advocate Vs. Financial Commissioner, Revenue, ...

Court : Punjab and Haryana

..... ., 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 not available to the petitioners ..... 2014.07.30 16:11 i attest to the accuracy and integrity of this document cwp no.8852 of 2014 4 afresh. however, this matter remained 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 ..... .1989 (annexure p/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 before the claims .....

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Jan 23 2014 (HC)

Haresh Chander Grover and Others Vs. Chandgi Ram and Others

Court : Punjab and Haryana

..... today. in reply to the application filed, the state has asserted that after the repeal of the displaced persons (compensation and rehabilitation) act, 1954, the state has enacted, new act namely the haryana evacuee properties (management and disposal) act, 2008. the price of the land allotted has to be as per the aforesaid act. it is further stated that the applicants have failed to accept the offer in its .....

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Jul 15 2011 (SC)

Jalandhar Improvement Trust Vs. Vinod Kumar and ors.

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 ..... 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 collector ..... have 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 passed ..... liable to be evicted would be gone into and decided although in a summary manner in the proceedings which were initiated against them. 20. since the evacuee property act, 1950 has been repealed, we see no justification in the order dated 30.04.2009 passed by the high court remanding back the matter to the settlement commissioner to consider the claim .....

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Jan 09 2014 (HC)

***** Vs. State of Punjab and Others

Court : Punjab and Haryana

..... , begowal and /or its successor. . after the remand, the case was adjourned sine die on account of the repeal of the displaced persons (compensation & rehabilitation) act, 1954 vide displaced persons claims and other laws repeal act, 2005 (no.38 of 2005).however, the punjab package deal properties (disposal) amendment act, 2009 came into force w.e.f.1.4.2009 and the financial commissioner, vide his order dated 12.5 ..... reads that land was shamilat deh, but has been allotted on quasi-permanent basis to a displaced person, or, has been otherwise transferred to any person by sale or by any other manner whatsoever after the commencement of this act, but on or before the 9th day of july, 1985 .firstly there is no dispute that the land in question was allotted on ..... the panchayat in such land shall cease and would vest in the allottee and the persons to whom the land has been sold. the only condition impressed upon is that the cwp no.21578 of 2010 (o&m) -8- consideration amount shall be deposited by the rehabilitation department with the department of rural development and panchayats for onward disbursement to the ..... panchayat concerned. it is, thus, clear from the amended provision of the 1961 act that the legislature has recognised sales affected by the rehabilitation department even in respect of shamilat land and by virtue of a deeming provision, the defect, if any, in the action of the rehabilitation department to transfer property by way of sale etc.have been removed. following the .....

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Mar 01 2006 (HC)

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

Court : Punjab and Haryana

Reported in : (2006)143PLR174

..... 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 the notification dated 6.9.2005, therefore, the petition cannot be decided as no saving clause has been provide in ..... 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 and that no saving clause has been provided in ..... dated june 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 which the sale had been ..... 22, 1980 that the property was not package deal property. but having been acquired as urban evacuee agricultural land, was covered by the provisions of displaced persons (compensation and rehabilitation) act, 1954. this finding was never ever challenged by the petitioners. resultantly, the petitioners cannot turn about and say that the property is covered by .....

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Jul 28 2014 (HC)

Mohinder Singh Vs. Union of India and Others

Court : Punjab and Haryana

..... date on which the singh ravinder 2014.08.02 17:00 i attest to the accuracy and integrity of this document chandigarh -4- cwp no.354 of 2011 displaced persons (compensation & rehabilitation)act, 1954 and other related acts were repealed. 3.2. cases in which directions have been issued by various courts for settlement of claims filed, confirming that an acquired or accrued right exists in favour ..... to the policy and rules of the government. petitioner further made representation before the commissioner. in response to the representation, tehsildar sales, faridabad reported to the commissioner that displaced persons (compensation and rehabilitation) act, 1954 had been repealed by the central government in 2005. commissioner, faridabad, rejected the representation of the petitioner vide order dated singh ravinder 2014.08.02 17:00 i attest to the ..... of the claimant, under displaced persons (claims)act, 1950. 3.3. verified claims in which full compensation has not been given so far. 3.4. appeals and revision/review petitions filed against orders passed by the authorities prescribed under the repealed acts which are not yet to be disposed off .having identified the revival of the .....

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Jul 18 2014 (HC)

Ashwani Kumar Munjal Vs. State of Punjab and Another

Court : Punjab and Haryana

..... regarding entitlement to property in lieu of property, left in 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) up to the 5th day of september, 2005, but the property was not allotted or the possession of the allotted property was not given to him, or ..... have considered the rival contentions of learned counsel for the parties. the '1976 act' stands repealed. thereafter, punjab package deal properties (disposal) amendment act, 2009 came into force. its following sections are relevant for decision of this petition: 4-a. the package deal property may also be transferred to a displaced person in accordance with the provisions of sections 4-b, 4-c, 4-d ..... and 4-e of the act. 4-b. (1) a displaced person in whose favour, an order .....

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Mar 13 2013 (HC)

Kehar Singh Vs. State of Punjab and Others

Court : Punjab and Haryana

..... 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) up to the 5th day of september, 2005 but the property was not allotted or the possession of the allotted property was not given ..... 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 in whose favour, an order regarding entitled to property in lieu of ..... claims commissioner for settlement. (3) the persons, whose claims for allotment were rejected by any officer, appointment under the repealed act, 1954, and who had not filed any appeal, review or revision within the stipulated period up ..... revenue if the order was passed by the state government under the repealed act of 1954; and (b) the claims commissioner, if the order was passed by an authority, other than the state government. 2. the person, who could not exercise right of appeal or review on account of the repeal of the repealed act, 1954, shall also be eligible to submit their applications to the .....

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Dec 20 2012 (HC)

Surya Kant J. Vs. State of Punjab and ors.

Court : Punjab and Haryana

..... but no fresh allotment was made, though they also pointed out that the land for such allotment was available in village siastpur in district ropar. meanwhile, the 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 ..... 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 ..... relinquished his rights as an attorney of smt. satyawati. is it not a racket being run by land mafia in connivance and collusion with the officials of the rehabilitation department who dig out the unsettled claims.disclose these details to real-estate dealers.who in turn manage to secure power of attorney by keeping the actual allottee in .....

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