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Section 23 – The Displaced Persons (Compensation and Rehabilitation) Act,1954

The Displaced Persons (Compensation and Rehabilitation) Act,1954

Section 23. Appeals to the Chief Settlement Commissioner

(1) Subject to the provisions of Sub-section (2), any person aggrieved by an order of the Settlement Commissioner or the Additional Settlement Commissioner or an Assistant Settlement Commissioner or a managing corporation under this Act may, within thirty days from the date of the order, prefer an appeal to the Chief Settlement Commissioner in such form and manner as may be prescribed :

Provided that the Chief Settlement Commissioner may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2)No appeal shall lie from any order passed in appeal under Section 22.

(3)The Chief Settlement Commissioner may, after hearing the appeal confirm, vary or reverse the order appealed from and pass such order in relation thereto as he deems fit.

Section ” 23- SYNOPSIS

(1) Cancellation of sale certificate

(2) Indivisible Property

(3) Defective Auction

COMMENTARY

1.Cancellation of Sale Certificate–Financial Commissioner coming to the conclusion that the reasons for dismissing the application of cancellation of sale was not correct case remanded for consideration of the application on merits In the absence of any specific order of cancellation of sale certificate the sale certificate continues to have force, J.S. Chawla v. Ishar Dass,1984(1) L.L.R. 127.

2.Indivisible Property-House allotted Occupied by two different evacuees Evaluation oficer reporting that the two portions are indivisible and structural changes would be required to divide them Property is to be taken as indivisible. Dayal Chand v. Financial Commissioner,1982 All India Land Laws Reporter 459.

3.Defective Auction-An auction cannot be set aside simply because another auction in the village was found to be defective 1980 Land laws Reporter 210.

–Sections 23,24 and 28 Transfer of urban evacuee agricultural land Jurisdiction of Chief Settlement Commissioner Delegated powers to Settlement Officer (Sales) for the purposes of passing necessary orders in respect of all urban agricultural lands Power properly vested in the Chief Settlement Commissioner and delegated to the Settlement Officer (Sales). 1990(2) All India Land Laws Reporter 521

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The Displaced Persons (Compensation and Rehabilitation) Act,1954

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