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Search Results Judgments > Phrase:displaced persons compensation and rehabilitation act repealed

Oct 25 1971

Ram Das T. Chugani Vs. Wazir Chand Narang

  • Decided on : 25-Oct-1971

Court : Delhi

Reported in : AIR1972Delhi156

... 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harmoniously so that all of them can apply to a given situation or whether any of them is repugnant to the other and is repealed by ... 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harmoniously so that all of them can apply to a given situation or whether any of them is repugnant to the other and is repealed by implication to the extent of the repugnancy.2.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, ... 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the effect in law is not that the other provisos of Section 14(1) of the Delhi Rent Control Act, 1958 are impliedly repealed by Section 29(1) of the Displaced Persons (Compensation and Rehabilitation) Act but rather that Section 29(1) prevails over them for the first two years of the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 ... repealed by Section 29(1) of the Displaced Persons (Compensation and Rehabilitation) Act but rather that Section 29(1) prevails over them for the first two years of the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 ). For the same reason, the landlord cannot even try to evict a tenant by terminating his contractual tenancy under Section 106 of the Transfer of Property Act ...

Nov 09 1972

Holomal Vs. Union of India and Ors.

  • Decided on : 09-Nov-1972

Court : Delhi

Reported in : AIR1973Delhi238

... cases 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 ... repeal itself. In view of the fact that the petitioner is only entitled to get his compensation under the Act. I would have that the petitioner right did not extend to anything more than getting his compensation in accordance with the Act. This means a that compensation could be paid to him under Section 8 of the displaced personal (Compensation and Rehabilitation) Act ... Writ No. 444-D/59 (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 ... No. 54 under the provision of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. The petitioner was a claimant whereas the other occupant of the quarter, Shri Hirdho Mal, respondent No. 4 was a non-claimant. The relevant rules for transfer of this property were contained in the Displaced Persons (Compensation & Rehabilitation) Rules. 1955, in Rules 30 and 31. ...

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

... have recognised that frequently and Act purporting to be an amendment has the same qualitative effect as a repeal-the abrogation of an existing statutory provision-and have therefore applied the term 'implied repeal' and the rules of construction applicable to repeals to such amendments.'36. By the Sixth Amendment of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, rules 30 ... has been 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, to ... 'implied repeal' and the rules of construction applicable to repeals to such amendments.'36. By the Sixth Amendment of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, rules 30 and 31 have been omitted Rule 30, with which we are concerned in this case and which has been reproduced earlier, relates to the payment of compensation to a displaced person ... repeals to such amendments.'36. By the Sixth Amendment of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, rules 30 and 31 have been omitted Rule 30, with which we are concerned in this case and which has been reproduced earlier, relates to the payment of compensation to a displaced person by allotment of acquired evacuee property which is in possession of more than one person ...

Apr 17 1979

Alexander v. HUD

  • Decided on : 17-Apr-1979

Court : US Supreme Court

... displaced persons" under the Fair Compensation Act, the Select Subcommittee included a special provision to preserve this program when the existing relocation legislation was repealed. The special benefits provision, 113 of the proposed Act, directed that persons who move "as the direct result of code enforcement activities undertaken in connection with an urban renewal project, or a program of voluntary rehabilitation ... repealed. The special benefits provision, 113 of the proposed Act, directed that persons who move "as the direct result of code enforcement activities undertaken in connection with an urban renewal project, or a program of voluntary rehabilitation of buildings or other improvements in accordance with an urban renewal plan" shall be deemed "displaced person ... Act reflected the limited scope of the term "displaced person." Section 310 of the Housing Act of 1964 provided relocation assistance in a few situations not involving governmental property acquisitions. See n 12, supra. In recognition that beneficiaries of this program would not be "displaced persons" under the Fair Compensation Act, the Select Subcommittee included a special provision to preserve this program when the existing relocation legislation was repealed ...

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 ... 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 ... 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 ...

Apr 25 1961

Dr. Mohammad Saheb Mahboob Medico Vs. The Deputy Custodian-general and ...

  • Decided on : 25-Apr-1961

Court : Supreme Court of India

Reported in : AIR1961SC1657; [1962]2SCR371

... IV of that Act was repealed by the 1953 Act and even after that date if any proceeding under s. 22 was pending on the date of the commencement of the 1953 Act. But such a person would not be entitled to the benefit of either s. 16 of the Administration of Evacuee Property Act, 1950, or compensation under s. 13 of the Displaced Persons (Compensation and Rehabilitation) Act (XLIV of 1954 ... date of the commencement of the 1953 Act. But such a person would not be entitled to the benefit of either s. 16 of the Administration of Evacuee Property Act, 1950, or compensation under s. 13 of the Displaced Persons (Compensation and Rehabilitation) Act (XLIV of 1954). This denial of benefits under section 16 of the 1950 Act and s. 13 of the 1954 Act to one who has been ... however he would not get the benefit of s. 16 of Act XXXI of 1950 or of s. 13 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. 7. The result of the several provisions of law of the Administration of Evacuee Property Act, 1950, after it was amended in 1953 therefore is that if a person transferred his assets or any part of his assets to ... Evacuee Property Act, 1950, and also to the benefit of s. 13 of the Displaced Persons (Compensation and Rehabilitation) Act (XLIV of 1954); but if a person transferred his assets or part of his assets to Pakistan between the 14th day of August, 1947, and the 18th day of October, 1949, he was liable to be declared an intending evacuee at any date before the Amended Act ...

Apr 19 1967

Smt. Israr Fatima Vs. Custodian Evacuee Property U.P., Lucknow and Ors ...

  • Decided on : 19-Apr-1967

Court : Allahabad

Reported in : AIR1968All232

... Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954) which provided for the payment of compensation and rehabilitation grants to displaced persons and the matters connected therewith. Under Section 12 of that Act if the Central Government is of opinion that it is necessary to acquire any evacuee property for a public purpose, being a purpose connected with the relief and rehabilitation of displaced persons, including payment of compensation to such persons ... be under Ordinance XXVII of 1949 which it amended26. Then came into force on April 18, 1951 the Administration of Evacuee Property Act, 1950 (Act XXXI of 1950) which repealed Ordinance XXVII of 1949 The definitions of evacuee and evacuee property are the same as in Ordinance XXVII of 1949 Sections 7 ... had been taken over by the Custodian as evacuee property in 1949, that it had also been acquired by the Union Government under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Act XLIV of 1954), that Rifaul Husain and Wafaul Husain filed an objection on the 1st of June, 1949 before the Deputy Commissioner, Barabanki which ... Act.28. On February 27, 1960 the Act was amended by the Administration of Evacuee Property (Amendment) Act, 1960. Sub-section (2A) was added to Section 8 in the following terms:' (2A) Without prejudice to the generality of the provisions contained in Sub-section (2), all property which under any law repealed hereby purports to have vested as evacuee property in any person ...

Sep 30 1983

Abu Khan and Ors. Vs. Union of India (UOI) and Anr.

  • Decided on : 30-Sep-1983

Court : Supreme Court of India

Reported in : AIR1983SC1301; 1983(2)SCALE885; (1984)1SCC88

... the Appellate Authority holding that even though some hardship is likely to be caused to the displaced allottee who was in occupation of the house, he is not without a remedy because the Central Government may take action under Section 20-B of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. Taking cue from the observation of the Appellate Officer, respondent No. 6 Maljimal moved an ... 31(2) of the Constitution. The section was accordingly struck down. Undoubtedly, it was struck down as being violative of Article 31(2) which itself has been repealed by Constitution (Forty-Fourth Amendment) Act, 1978. However, once Section 20-B was struck down way back in 1968 as being violative of Article 31(2) but it was not re-enacted after the ... made by the Central Government. Hence this appeal by special leave.2. Mr. B.D. Sharma, learned Counsel who appeared for the appellant urged that Section 20-B of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 has been declared ultra vires by this Court in Lachhman Dass and Ors. v. Municipal Committee, Jalalabad and Ors. : [1969]3SCR645 and therefore, the order made in exercise ... the judgment of the High Court dated January 31, 1969 is quashed and set aside as also the order of the Central Government made under Section 20-B of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 is quashed and set aside. The appeal is allowed to that extent with no order as to costs.

Jan 18 1983

Haji Siddik Haji Umar and Ors. Vs. Union of India (UOI)

  • Decided on : 18-Jan-1983

Court : Supreme Court of India

Reported in : AIR1983SC259; 1983(1)SCALE48; (1983)1SCC408; [1983]2SCR249

... Reliance was also placed by the Union of India on the orders passed on the application made under Section 16 of the Act, the notification issued under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and Section 46 of the Act which barred the jurisdiction of the civil Court to decide the questions raised in the suit.12. On the aforesaid pleadings ... Hyderabad Administration of Evacuee Property Regulation are hereby repealed.(2) If, immediately before the commencement of this Act, there is in force in any State to which this Act extends any law which corresponds to this Act and which is not repealed by Sub-section (1), that corresponding law shall stand repealed.(3) The repeal by this Act of the Administration of Evacuee Property Ordinance, 1949 ... migrated to Pakistan in the year 1967 after the insertion of Section 7A of the Act.23. There is a further hurdle in this case which has arisen on account of the publication of the notification under Section 12 of the Displaced Persons (Compensation and Rehabilition) Act, 1954 in respect of the suit properties on June 1, 1955. On the publication of ... to in the proviso to Section 16(1) of the Act as it stood then and communicated its decision to Haji Umar Kasam through the Custodian, Saurashtra on July 3, 1954. This decision again was not questioned in any Court. A notification under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 was issued in respect of the properties in ...

Mar 22 2002

Delhi Electricity Supply Undertaking Vs. Bhimandas Ambwani and Ors.

  • Decided on : 22-Mar-2002

Court : Delhi

Reported in : 2002VIAD(Delhi)934; 2002(63)DRJ429

... the Act is 139 Bighas while on measurement by the Field (SIC) field Nos. 266 (3 bighas - 6 biswas) 296 (6-5), 307 (3-3), 441 (5-5), 736 (5-8) - total area 23 bighas 7 bids was - is still Central Government land already acquired under Section 12 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, ... emerges is that when an amendment to the notification is issued, the amendment would relate back to the date of earlier notification and the principle of repeal by necessary implication may not apply.40. However, in a case of this nature where the State itself, having regard to the peculiar facts and ... the Act is 139 Bighas while on measurement by the Field (SIC) field Nos. 266 (3 bighas - 6 biswas) 296 (6-5), 307 (3-3), 441 (5-5), 736 (5-8) - total area 23 bighas 7 bids was - is still Central Government land already acquired under Section 12 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, ... fields which have been referred to in paragraph 2 of the award dated 29.11.1963 as the land already acquired under Section 12 of the Displaced Persons Act in respect of which an award is not necessary and which could be taken over by mere book transfer and (b) also a new piece of ... fields which have been referred to in paragraph 2 of the award dated 29.11.1963 as the land already acquired under Section 12 of the Displaced Persons Act in respect of which an award is not necessary and which could be taken over by mere book transfer and (b) also a new piece of ...

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