Judgement

THAKKAR, J.:- Five displaced persons (respondents 1 to 5) were allotted certain lands under the provisions of Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (Rules) from the compensation pool. By some inadvertent error on the part of the allotting authority in making computation, agricultural land to the extent of 11 standard acres, 2 units was allotted to them in excess of their lawful entitlement in lieu of agricultural lands left behind by them in areas now forming a part of Pakistan when they were obliged to migrate to India in the wake of the partition. A number of proceedings were undertaken in the context of the excess allotment made to them (hereafter called the allottees). Ultimately the Chief Settlement Commis-sioner by his order dated May 4, 1963 cancelled the allotment of the excess land (11 S. A. 2 units) which was made by an inadvertent mistake. On May 17, 1963 the allottees made an application praying that the excess land wrongly allotted to them should be sold to them under R. 73(2)(ii) of the Rules. On the premise that they had a legal right to purchase the excess land under the said rule. This application was rejected by the Chief Settlem