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Section 12 – The Displaced Persons (Compensation and Rehabilitation) Act,1954

The Displaced Persons (Compensation and Rehabilitation) Act,1954

Section 12. Power to acquire evacuee property for rehabilitation of displaced persons

(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.

(2) On the publication of a notification under sub-section (1), the right, title and interest of any evacuee in the evacuee property specified in the notification shall, on and from the beginning of the date on which the notification is so published, be extinguished and the evacuee property shall vest absolutely in the Central Government free from all encumbrances.

(3) It shall be lawful for the Central Government, if it so considers necessary, to issue from time to time the notification referred to in sub-section (1) in respect of

(a)all evacuee property generally; or

(b) any class of evacuee property; or

(c) all evacuee property situated in a specified area; or

(d) any particular evacuee property.

(4)All evacuee property acquired under this Section shall form part of the compensation pool.

Section ” 12 – SYNOPSIS

1. Applicability of provisions

2. Interference in second appeal

3. Purpose of Act

4. Sale Certificate

5. Selection of Land

COMMENTARY

1.Applicability of provisions Plaintiff claiming to be owner in possession of the Shamlat land Composite property partitioned Provisions of Sections 12 and 27 of the Displaced Persons (Compensation and Rehabilitation) Act not applicable What vest in the custodian or the Central Government is the evacuee interest and not the interest of the non-evacuee Suit not barred. Union of India v. Nihal Singh,1983(2) All India Land Laws Reporter 285.

2.Interference in second appeal Suit claiming ownership on the basis of sale certificate dismissed High Court would not interfere in second appeal. Arjan Singh v. Pritam Singh,1982 All India Land Laws Reporter 508.

3.Purpose of Act Purpose of act is to rehabilitate displaced persons Interpretation which would lead to depriving the displaced persons of their legal right of allotment should be avoided Rehabilitation Department should not take shelter behind procedural lacuna and mere technicalities. 1989(1) All India Land Laws Reporter 319.

4.Sale certificate Issued by Managing Officer (Sales) in pursuance of auction In the absence of any order of cancellation the only assumption which can be drawn is that the Sales certificate continues to have the force and the holder of Sale certificate can recover damages for use and occupation of the house auctioned to him. J.S. Chawla v. Ishar Das,1984(1) All India Land Laws Reporter 127.

5.Selection of land Allotment of Urban Agricultural land consisting of more than one Khasra the value of which exceeds Rs.15,000/- –Land regarding which allotment to be made is to be selected by the Regional Settlement Commissioner Lessee has no option to select the land Allotment made by Regional Settlement Commissioner c
annot be interfered with by the revisional authority. Municipal Committee Samana v. F.C. (Taxation) Punjab,1982 All India Land Laws Reporter 533.

–Section 12 Property allotted to a displaced and subsequently conveyance deed also issued Conveyance deed does not require registration Conveyance deed brought on the record can be looked into Suit for possession based on such conveyance deed decreed. 1990(1) All India Land Laws Reporter 120.

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The Displaced Persons (Compensation and Rehabilitation) Act,1954

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