The enactment of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and the vesting of evacuee property in the Central Government thereunder, divested the Custodian-General of his powers and jurisdiction under the Administration of Evacuee Property Act.

Bishan Narain, J.

1. One of the points raised in this petition is that the Deputy Custodian general could not pass any order on the revision pending before him after 24-3-1955 in view of Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act 1954. This point is being raised very frequently in this Court and I think it will be convenient if it is decided by a larger Bench. Let the case be placed before Hon ble Chief Justice for orders.

Kapur, J.

2 This is an application made under article 226 of the Constitution of India by three brothers, Bal Mukand, Rattan Lal and Raj Kumar minor sons of Pt. Hari Ram, for a writ of certiorari to quash an order made by Mr. Tara Chand Aggarwal, Deputy Custodian-General dated the 13th September 1955. The matter was originally placed before my learned brother Bishan Narain J. but considering the importance of the case he referred it to a Division Bench.

3. The dispute relates to House No. 26 in village Karyan Pehlwan in the tahsil and district of Ferozepore. It appears that by a single sanad land measuring 83 standard acres and 13 1/4 units allotted in the names of the petitioners, although for purpose of calculating the area to be allotted to each one of the brothers the cut was made as if they were separate. On the 21st April 1951 the house in dispute was allotted to the three brothers as the biggest allottees. Bahadur Chand, opposite party No. 4, took an appeal to the Authorised Deputy Custodian but the allotment of the house in favour of the petitioners was maintained by order dated the 21st February 1952. On the 3rd November 1953 the Deputy Custodian-General remanded the case to the Authorised Deputy Custodian with a direction for re-allotment as claimed, but on the 2nd December 1954 the Authorised Deputy Custodian again held that the three brothers were entitled to the house, being the biggest allottees.

The Deputy Custodian-General by his order, of the 13th September 1955 considered that each one of the brothers was a separate allottee and therefore the brothers were not bigger allottees than Bahadur Chand and therefore directed that the house should be allotted to Bahadur Chand. The three brothers have come to this Court and their plea is that because of the enactment of the Displaced Persons (Compensation and Rehabilitation) Act Of 1954 (Act No. 44 of 1954) the Deputy Custodian-General at the date of the order i. e. 13th September 1955, had become functus officio qua the matters which fell under the Administration of Evacuee Property Act as the property had vested in the Union under the Displaced Persons (Compensation and Rehabilitation) Act and therefore the order was without jurisdiction.

4. In order to determine the question which has been raised, it is necessary to examine the scheme of the Displaced Persons (Compensation and Rehabilitation). Act and the rules and orders made thereunder. Under Section 12 of this Act the Central Government has been given the power to acquire any evacuee property for rehabilitation of displaced persons. Section 12 (1) gives this power in the following words:-

-

"12 (1), 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, the Central Government may at any time acquire such evacuee property by publishing in the Official Gazette a notification to the effect that the Central Government has decided to acquire such evacuee property in pursuance of this section."

Under Sub-section (2) of Section 12 after a notification has been made in regard to any particular property, the right title and interest of the evacuee are extinguished and the evacuee property vests absolutely in the Central Government free from all encumbrances. By Subsection (4) of this section all evacuee property so acquired forms part of the compensation pool.

5. Section 13