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Section 20 B – The Displaced Persons (Compensation and Rehabilitation) Act,1954

The Displaced Persons (Compensation and Rehabilitation) Act,1954

Section 20 B. Restrictions on restoration of certain property

(1) Where any person is entitled to the restoration of any property by virtue of an order made by the Custodian General under Section 27 of the Administration of Evacuee Property Act,1950 (31 of 1950) or by the competent officer or the appellate officer under the Evacuee Interest Separation Act,1951 (64 of 1951), and the Central Government is of opinion that it is not expedient or practicable to restore the whole or any part of such property to that person by reason of the property or part thereof being in occupation of a displaced person or otherwise then, notwithstanding anything contained in the said Act or this Act, it shall be lawful for the Central Government

(a)to transfer to that person in lieu of the property to be restored or any part thereof, any immovable property in the compensation pool or any part thereof being in the opinion of the Central Government as nearly as may be of the same value as the property to be restores or, as the case may be, any part thereof, or

(b)to pay to that person such amount in cash from the compensation pool in lieu of the property to be restored or part thereof, as the Central Government, having regard to the value of the property to be restored or part thereof, may in the circumstances deem fit.

(2) Where in pursuance of sub-section (1) any person has been granted any immovable property from the compensation pool or has been paid any amount in cash from compensation pool, his right, title and interest in the property to be restored shall be deemed to have been extinguished.

Section ” 20B-COMMENTARY

–Section 20(1) Open vacant land with the site allotted to defendants was acquired by the Improvement Trust and allotted to appellants-defendants filed suit claiming ownership of the land Suit for permanent injunction In the mean time defendant raised wall on the site Suit amended to that extent Held, Managing Officer had no power to transfer the said property to Improvement Trust Could do so to displaced persons either as compensation or as rehabilitation Appellants cannot claim any right title or interest in vacant land attached to house allotted to defendants. 1990(2) All India Land Laws Reporter 376

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The Displaced Persons (Compensation and Rehabilitation) Act,1954

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