The main legal point established is that the right to apply for allotment of evacuee land under the 2011 Rules is not applicable to land that has been sold through auction and not challenged by the applicants.

JUDGMENT

Anil Kshetarpal, J. - The writ petitioners have filed this petition under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari seeking quashing of orders dated 15.04.2020, 16.09.2014, 28.11.2013 and 24.10.2011 passed by the authorities in exercise of their powers under the Haryana Evacuee Properties (Management and Disposal) Rules, 2011.

2. A brief history/background would be necessary to understand the nature of the property involved in the present case. On partition of the country in the year 1947, certain residents had to shift to Pakistan from the area now forming part of India. The properties left behind by such persons were called "Evacuee Property" as defined in Section 2(d) of the Administration of Evacuee Property Act, 1950 (hereinafter referred to as "the 1950 Act"). Apart therefrom, there was another Act i.e. the Evacuee Interest (Separation) Act, 1951 (hereinafter referred to as "the 1951 Act") concerning the evacuee properties. For allotment of the land or settlement of claims of the persons who had migrated from the area of Pakistan to India with respect to the properties left behind by them, the Displaced Persons (Compensation and Rehabilitation), Act, 1954 was notified. It may be noted here that the Union of India by the Central Act No. 38 of 2005 repealed the 1950 Act as well as the 1951 Act. The Union of India, thereafter, transferred the remaining evacuee properties to the respective States. The State of Haryana enacted the Haryana Evacuee Properties (Management and Disposal) Act, 2008 (hereinafter referred to as "the 2008 Act") which is relevant in the present case. Section 2(b) thereof defines the "Evacuee Property". The aforesaid Act came to be amended by the Haryana Evacuee Properties (Management and Disposal) Amendment Act, 2010 (hereinafter referred to as "the 2010 Act"). In order to effectively implement the provisions of the 2008 Act, the Haryana Government, in exercise of the powers conferred by Sub-Section (1) of Section 19 of the 2008 Act, notified Rules i.e. "the Haryana Evacuee Properties (Management and Disposal) Rules, 2011" (hereinafter referred to as "the 2011 Rules").

3. As per the provisions of the 2008 Act and the Rules framed thereunder, the State of Haryana is entitled to manage and dispose the evacuee properties received by the State Government from the Central Government. The "evacuee property" has been defined in Section 2(b) of the 2008 Act in the following manner:-

"2(b) "evacuee property" means any evacuee property which has been received by the State Government from the Government of India in any manner or has become evacuee by operation of any law, rules or orders or any other property described as such in the revenue record and includes the properties mortgaged by erstwhile Muslim evacuee owners in favour of locals or vice-versa."

4. The writ petitioners claim that they are in continuance possession of the evacuee land for more than 100 years and hence, entitled to allotment as per the 2011 Rules.

5. At the outset, it is important to note here that out of total land measuring 22 kanals 19 marlas, the land measuring 14 kanals 19 marlas was sold through a restricted auction in the year 1977 to Budhi son of Girwar-respondent No.5. The auction sale was approved by the competent authority on 19.01.1978. Thus, when the 2008 Act came into force, the land measuring 14 kanals 19 marlas was not the "Evacuee Property". For that reason, the application filed by the writ petitioners under the 2011 Rules has been held to be not maintainable with respect to the land measuring 14 kanals 19 marlas.

6. An application for transfer of land by an occupant of the land or his successor-in-interest, who is in continuance cultivating possession of any evacuee land from 01.01.2001, can be filed under Rule 8 of the 2011 Rules before the Tehsildar concerned along with the relevant documents in support of his claim within a period of six months from the d