The Displaced Persons (Compensation and Rehabilitation) Act,1954
Section 14. Compensation pool
(1) For the purpose of payment of compensation and rehabilitation grants to displaced persons, there shall be constituted a compensation pool which shall consists of
(a)all evacuee property acquired under Section 12, including the sale proceeds of any such property and all profits and income accruing from such property;
(b)such cash balances lying with the Custodian as may, by order of the Central Government be transferred to the compensation pool;
(c)such contributions, in any form whatsoever, as may be made to the compensation pool by the Central Government or any State Government;
(d)such other assets as may be prescribed.
(2) The compensation pool shall be vested in the Central Government free from all encumbrances and shall be utilized in accordance with the provisions of this Act and rules made thereunder.
Section ” 14 – SYNOPSIS
1. Allotment
COMMENTARY
1.Allotment Property canbe allotted to a non-displaced person also. Gian Singh v. Secretary to Govt. Punjab, Rehabilitation Department,1983(1) L.L.R. 30
Occupancy rights vested in muslim evacuees. Muslim occupancy tenants were shown to be in possession in the Jamabandis from 1920 to 1945. It was held that the land was part of the compensation pool and could be allotted. 1980 Land Laws Reporter 211.
S. 14,16, 20 Muslims left their undivided interest in the Shamlat deh–Such interest cannot be termed as evacuee property Cannot be governed by the Central Act State has the power to make laws and has made laws for the Shamlat deh Local Act would prevail upon the Central Act One is not in derogation of the other Punjab Village Common Lands (Regulation) Act,1953 S.4; Gram Panchyat, Johar Majra thru Nar Singh v. Union of India: 1996(2) All India Land Laws Reporter (P & H) 505
–Sections 14 and 20 Allotment of excess land Allotment cancelled later on Person who was allotted the excess land has no right to demand transfer of excess allotment Can purchase the land if offered at the price offered Rehabilitation authorities need not make the allotment at the fixed price Cannot seek protection of Rules dealing with fixation of prices i.e. Rules 56, 62 and 63 of the Displaced Persons (Compensation and Rehabilitation) Rules,1955. 1990(1) All India Land Laws Reporter
Sections 14- 19,24 & 33 Rules,1955 Rule 102 Present respondent the widowed daughter-in-law of the grantee of the land against verified claim, took her ailing son for medical treatment, asked D to take care of land in her absence D claimed himself to be adopted son of the original allottee, her father-in-law On returning ” D refused to deliver back possession By a chequered history of litigation, Central Govt. delegate ordered resumption in favour of govt. as possession has been parted with Such orders were passed under R.102 On her appeal, Ld. Single Judge under Section 33 of the Displaced Persons (Compensation & Rehabilitation) Act restored the allotment in her favour Hence this appeal by State and others held Rule 102 is applicable to lands in Compensation Pool After grant of agricultural land against verified claim and “Sanad” is granted the allottee became the owner and the land ceased to be in “Compensation pool” Authorities under the Act/Rule had no power to cancel the allotment when she asked “D” to look after the land in her absence When authorities treated “D” as rank trespasser, an order for restoration of possession should have been passed by the aut
horities Judgment passed by the Ld. Single Judge does not require any interference; State of Rajasthan & Anr. V. Mst. Tikko Bai & Anr.: 1997(2) All India Land Laws Reporter (Rajasthan) 3
The Displaced Persons (Compensation and Rehabilitation) Act,1954
