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High Court Of Delhi
ANANT SINGH - Appellant
Versus
UNION OF INDIA - Respondent
Decided On : 08/24/1965
DISPLACED PERSONS (COMPENSATION AND REHABILITATION) ACT, 1954 - SECTION 16 - PRESS NOTE ISSUED BY GOVERNMENT - REGULARISATION OF UNAUTHORISED OCCUPATION - CONDITIONS - SURRENDER OF VACANT SITE - RIGHT TO REGULARISATION - INTERPRETATION.
Fact of the Case:
Petitioner, a displaced person from West Pakistan, was allotted tented accommodation in 1948 and later shop No. 42 in Khan Market, New Delhi. He occupied flat No. 42 above the shop with the permission of the previous allottee and informed the Delhi State authorities. He vacated the tented accommodation and was allotted a vacant piece of land in the Defence Colony by the Resettlement Section of the Ministry of Defence. The Delhi State Government issued instructions in 1955 to regularise unauthorised occupations of persons who had been in possession of premises prior to 1st April 1954. The Minister for Rehabilitation directed the petitioner to pay Rs. 500 as rent for flat No. 42, which he did. However, the Housing and Rent Officer directed him to vacate the flat. The petitioner surrendered the plot in the Defence Colony and requested regularisation of his occupation of flat No. 42. The Managing Officer, Settlement Commissioner, and Chief Settlement Commissioner rejected his request. The petitioner filed a writ petition challenging the impugned orders.
Finding of the Court:
The court held that the press note issued by the Delhi State Government regularising unauthorised occupations of persons who had been in possession of premises prior to 1st April 1954 was valid and had the force of law. The petitioner fulfilled all the conditions laid down in the press note for regularisation of his occupation of the flat. The respondents were not justified in considering him as an unauthorised occupant and ordering his ejectment. The impugned orders were quashed, and the respondents were directed to regularise the petitioner's occupation of the flat upon payment of arrears of rent.
Issues: 1. Whether the press note issued by the Delhi State Government regularising unauthorised occupations of persons who had been in possession of premises prior to 1st April 1954 was valid and had the force of law. 2. Whether the petitioner fulfilled all the conditions laid down in the press note for regularisation of his occupation of the flat. 3. Whether the respondents were justified in considering the petitioner as an unauthorised occupant and ordering his ejectment.
Ratio Decidendi: 1. The court held that the press note issued by the Delhi State Government was valid and had the force of law as it fell within the ambit of section 16(1) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, which empowers the Central Government to take measures for the custody, management, and disposal of the compensation pool. 2. The court found that the petitioner fulfilled all the conditions laid down in the press note for regularisation of his occupation of the flat, including surrendering the plot allotted to him in the Defence Colony. 3. The court held that the respondents were not justified in considering the petitioner as an unauthorised occupant and ordering his ejectment as he had complied with all the conditions for regularisation of his occupation.
Final Decision: The writ petition was allowed, the impugned orders were quashed, and the respondents were directed to regularise the petitioner's occupation of the flat in dispute upon payment of arrears of rent.
( 1 ) SHRI Anant Singh petitioner in his writ petition under Article 226 of the Constitution has prayed that the orders of (1) the Managing Officer dated 7th December, 1958, and 21st Fabruary, 1959, (2) the Settlement Commissioner (G. B. P.) dated 15th July, 1959, and (3) Mr. G. B. talvani. Settlement Commissioner with delegated powers of the Chief Settlement Commissioner dated 19th March, 1960, be quashed and they be directed to allot and Transfer Government built property flat No. 42, Khan Market, New Delhi, in his favour. The facts relied upon by him in support thereof may briefly be narrated as here under.
( 2 ) THE petitioner, a displaced person from West Pakistan, on migration to India was allotted tented accommodation in Harding Avenue, New Delhi, on 5th June, 1948, and for this he deposited Rs. 150. 00as security with the Cashier, Relief and Rehabilitation Commissioner (Annexure A ). Subsequently on his application he was allotted shop N 0. 42; Khan Market, New Delhi, on 9th January, 1952. He then moved the Department to allot him flat No. 42 just above the shop for his residence. This had previously been allotted to another displaced person who was occupying at the time a spacious building in Karol Bagh, New Delhi. He allowed the petitioner to occupy the flat in anticipation of Government permission. The petitioner informed the Delhi State about his occupying the said flat. The tented accommodation which was with him since 5th June, 1948, was vacated by him on 8th May 1952. He is an ex-service Officer and on that score in the month of July,1953 the Resettlement Section of the Ministry of Defence allotted him a vacant piece of land in the Defence colony. Thereafter the Housing and Rent Officer, Delhi, directed him to appear before the Multiple Allotment and subletting Board on 9th October, 1953, which he did (Annexure D. ). His explanation that the tented accommodation had already been vacated by him satisfied Shri Shiv Charan Gupta, Chairman of the Board, who asked him to produce (1) receipt No. 24, book No. 7320, issued by New Delhi Municipal Committee for security deposit for electrification of flat No. 42. and (2) letter showing that tent No. 43, Harding Avenue, had been vacated by him (Annexure E ). This letter was duly complied with and a cheque for Rs. 300. 00 was also sent by the petitioner to the Housing and Rent Officer, Delhi, towards the rent account of flat No. 42 (Annexure F ).
( 3 ) THE Secretary, Relief and Rehabilitation Department of the erstwhile Delhi State, in the year 1955 issued instructions to the authorities to regularise unauthortised occupations of persons who had been in possession of premises prior to 1st April, 1954. The instructions were published in the press (Annexure G ). The Minister for Rehabilitation, Delhi State, in pursuance of these instructions, on 25th July, 1956, regularly allotted flat No. 42 in favour of the petitioner. He was also advised not to give up his plot situate in the Defence Colony because the Minister recommended his case for the grant of a loan to build his bungalow and that as long as no building was constructed on it, that could not constitute multiple allotment. At the same time the Minister directed him to pay Rs. 500. 00 as rent of flat No. 42 Khan Market, to the Housing and Rent Officer, Delhi which he readily paid and obtained receipt (Annexure H ). In spite of this the Housing and Rent Officer, Delhi, by his letter dated 18th December, 1956, directed him to vacate flat No. 42 on 24th January, 1957. Thereupon he informed the Housing and Rent Officer and Dr. Yudhvir Singh, the erstwhile Minister for Rehabilitation, Delhi State, that he would like to surrender his plot in the Defence Colony. In the meantime he received another communication dated 6th March, 1957, from Kanwar Gajendra Singh, Deputy Chief Settlement Commissioner, on behalf of the Government of India, that he would not be allowed to keep flat No. 42 because he had already been
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