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1984 Supreme(Online)(Del) 5

DELHI HIGH COURT
, J
Dwarka Nath Bhasin – Appellant
Versus
Central Government – Respondent


Advocates:
For the Appellant: P.M. Talwar
For the Respondents: G.K. Mahajan

1. Delhi Improvement Trust was the owner of plot No. 2 in Block No. 3, bearing Municipal No. XV / 8995 (new), situate on Original Road, Paharganj, New Delhi. It was leased out by the Trust in favour of one Sultan Ahmed. On his migration to Pakistan it vested in the Custodian and was later on acquired under Seetion 12 of the Displaced Persons (Compensation and Rehabilitation) Act (for short 'the Act'). The lease - hold rights were auctioned on October 21, 1959. The petitioner, Dwarka Nath Bhasin, offered the highest bid of Rs.42,000/-. He tendered his compensation towards the earnest money of the bid price. A sum of Rs.8,333/- was adjusted out of the compensation payable to the petitioner towards this price.

2. One Sukh Dev Verma was in occupation of the plot and had made some superstructure on it. He filed objections alleging that the plot in question was not an evacuee property. He had raised the superstructure and, therefore, it could not be acquired or sold as an acquired evacuee property, etc. It appears that his objections were decided by the Managing Officer but on appeal the case was remanded by the Assistant Settlement Commissioner vide his order dated February 29, 1960. T





























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