Allowed

Smt Basant Kaur v. the Financial Commissioner (a)Pb etc.

Punjab & Haryana HC26 May 2014CWP/11494/1991

Case brief

AI extract

What is this about?

In this writ petition concerning the Displaced Persons Compensation and Rehabilitation Act, the Court allowed the challenge against the Financial Commissioner's order fixing land valuation based on 1973 rates. The Court held that the valuation should be based on the market price prevailing on the date of the application in 1961, as per subsequent Government instructions and precedent, ensuring the

What did the court decide?

The writ petition is allowed; the petitioner shall be allotted the balance land valued at Rs. 1633/- as per 1961 rates, and the State must complete the exercise within three months.

Smt Basant Kaur Vs the Financial Commissioner… — Property and Title | Punjab & Haryana HC (2014)

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C.W.P. No.11494 of 1991

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P. No.11494 of 1991 Date of Decision.26.05.2014

Smt. Basant Kaur

......Petitioner

Versus

Financial Commissioner (Appeals) Punjab and others ......Respondents

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Present: Mr. Harminder Singh, Advocate for the petitioner.

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Mr. Ranbir Singh Pathania, DAG, Punjab.

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CORAM:HON'BLE MR. JUSTICE K. KANNAN

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Whether Reporters of local papers may be allowed to see the judgment ?

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To be referred to the Reporters or not ?

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Whether the judgment should be reported in the Digest?

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-.-

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K. KANNAN J. (ORAL)

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The writ petition challenges the order passed by the Financial Commissioner rejecting the plea of the petitioner for making the allotment to make good the deficiency of the extent which was allottable to him under the Displaced Persons Compensation and Rehabilitation Act and Rules. The claim by the petitioner was on the basis that he was a displaced person from the place now in Pakistan and he had held about 70 kanals of land as a tenant at the place now in Pakistan. He had entered upon property of 42 kanals 17 marlas and made an application of 25.01.1961 for making of an allotment and for transfer of property of such an extent. He had been allotted 30 kanals 6 marlas of land. This was more or less equivalent to a value of ` 13,367/-. His plea was that the property allottable to the balance of Kamboj Pankaj Kumar 2014.05.30 14:54 I attest to the accuracy and integrity of this document Chandigarh

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C.W.P. No.11494 of 1991

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amount namely of ` 1633/- was to be also issued to him. The prayer was taken up by the authority on 22.02.1973 and the order passed that the value of the extent of property allottable shall be with reference to the value as on the date in the year 1973. This order of the Financial Commissioner is in challenge before this Court.

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The petitioner would rely on the instructions issued by the Government on 07.07.1981 that sets out under Chapter V-A under the Rules of 1955 that the fixation of market price by the rate prevailing in the year 1960-61 had been modified and in future while disposing of such cases, the market price prevailing on the date of making application should be charged. The contention is that this application was made in the year 1961 itself and that shall be the valuation which must be considered and it cannot be on the date when the order was passed by the Financial Commissioner. This point has also been illustrated from a decision in C.W.P. No.3805 of 1976 titled “Shri Sohinder Singh (deceased) through LRs Vs. Union of India and others” decided by this Court on 29.03.1983 that in respect of pending applications since the year 1961, he shall be charged at the market price prevailing at that time only. I find the petitioner's claim to be well founded and the extent of property allottable for ` 1633/- as on the date of his application namely 25.01.1961 alone shall be given. The extent of property shall be properly priced with reference to the said valuation and transfer may be made in accordance with relevant provisions of the Act and Rules.

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The writ petition is allowed on the above terms. The entire

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exercise shall be completed by the State within a period of three Kamboj Pankaj Kumar 2014.05.30 14:54 I attest to the accuracy and integrity of this document Chandigarh

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C.W.P. No.11494 of 1991

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months from the date of receipt of copy of this order.

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(K. KANNAN) JUDGE May 26, 2014 Pankaj*

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Kamboj Pankaj Kumar 2014.05.30 14:54 I attest to the accuracy and integrity of this document Chandigarh

Smt Basant Kaur v. the Financial Commissioner (a)Pb etc.

Case brief

What is this about?

What did the court decide?

Smt Basant Kaur v. the Financial Commissioner (a)Pb etc.

Case brief

What is this about?

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