D.D. Sinha, J.

1. Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for the State – respondent nos.1 to 5 and the learned counsel for CIDCO – respondent no. 6.

2. The petitioners are challenging the order dated 5.12.2005 passed by the respondent no. 2 – Secretary, Relief and Rehabilitation, Government of Maharashtra under Section 33 of the Displaced Persons Compensation and Rehabilitation Act, 1954 (for short “Act of 1954”).

3. The facts which has given rise for filing of this petition in nutshell and as stated by the learned counsel for the petitioners are as follows:

(I) By a Notification dated 17.8.1950 issued under Section 7 of the Administration of Evacuee Property Act, certain properties were notified as Evacuee properties which included, interalia, a property bearing Survey No. 487 of Village Panvel. The area shown in the Notification is 2 acres and 10 and ¾ gunthas which according to the petitioners was a mistake, since as per the revenue records the total area of Survey No. 487 was 11 acres & 13 gunthas. The said land vested in the Central Government.

(II) By a Notification dated 8.8.1956, an area admeasuring 2 acres and 10 gunthas was allotted to one Shri Lalwani.

(III) On 12.4.1988, petitioner no.2 applied to the Settlement Commissioner for allotment of the remaining area of plot Survey No. 487 admeasuring 9 acres and 3 gunthas. By an allotment order dated 27.5.1988, the said land was allotted to petitioner no. 2 and the Tahsildar was asked to hand over possession thereof to petitioner no. 2.

(IV) On 31.5.1988, the Government of Maharashtra executed a sanad in favour of the petitioner no.2 in respect of the said portion of Survey No. 487 admeasuring 9 acres & 3 gunthas. The petitioner no.2 was put in possession of the said land on 13.7.1988, by executing possession receipt.

(V) By a Registered Sale Deed dated 27.12.1989 the petitioner no.2 conveyed the said property admeasuring 9 acres and 3 gunthas to the petitioner no. 1. On an application dated 28.7.1995 made by the petitioner no. 1, N.A. Permission was granted on 21.11.1995.

(VI) Respondent no. 6 CIDCO raised objection regarding grant of N.A. permission by the Additional District Collector on the ground that the property in question was not an evacuee property and the Government of Maharashtra had already allotted the said land to CIDCO in 1972. As a result of the objection the N.A. Permission was stayed vide order dated 2.12.1995 & S.D.O. was directed to submit report after examining the documents. The S.D.O. submitted a report on 21.4.1996 stating that the said property was covered by Notification of 1950 and that the said area shown was a technical error and ought to have been corrected by the Government.

(VII) By an order dated 27.5.1996, the objection submitted by CIDCO was rejected and the N.A. permission which was granted by the Additional District Collector was affirmed on the basis of the report referred to above.

(VIII) On 7.11.1996, the respondent no.3, Authorized Chief Settlement Commissioner of Evacuee properties, Maharashtra State, issued a notice under Section 24(2) of the Act of 1954. CIDCO filed an appeal bearing No. 60 of 1996 against the order dated 27.5.1996 whereby CIDCO's objections were rejected. By an order dated 7.4.1997 the appeal was dismissed on a preliminary issue that the same was not maintainable in view of the pendency of the proceedings under Section 24(2) of the Act of 1954.

(IX) In the proceedings under Section 24(2), the respondent no.3 passed an order on 20.8.1997. Paragraph 16 of the said order reads thus:

“16. In the present case the allotment order is passed by the Settlement Commissioner and the Sanad has also been issued in favour of the Displaced Person. I am therefore inclined to believe that my Authority to exercise jurisdiction in my capacity as the Chief Settlement Commissioner under Section 24 of the Displaced Persons (Compensation and Rehabilitation Act), 19