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| Special Tribunal directs Custodian to decide matter afresh | | Right of occupancy tenant of WP refugees | | EARLY TIMES REPORT
JAMMU, Oct 25: Setting aside the order of April 15, 2005 passed by the Custodian Evacuee property and Divisional Commissioner’s order of September 15, 2007 in a case regarding allotment and right of occupancy tenant on the displaced from West Pakistan, District and Sessions Judge Judicial Member of J&K Special Tribunal, Vinod Gupta today remanded the case back to Custodian EP Jammu for deciding the matter afresh after tracing the order of allotment and in view of the observations and findings made in this order. Custodian EP Jammu shall conclude the enquiry within a period of four months, the court ordered and restricted respondent Bua Ditta from selling any portion of the land in question and also restricted him from any further construction in the land till the matter is finally decided.
This order has been passed in a revision petition filed by one Dayal Singh against the order passed by Divisional Commissioner on September 15, 2007 setting aside the order of Custodian EP Jammu, cancelled the allotment of Bua Ditta.
The special Tribunal, after hearing Adv Vishal Goel appearing for the petitioner and Adv Haji Abdul Majid and FA Natnoo appearing for the respondents, observed that the Divisional Commissioner has misconceived himself about the provisions of law. Although the Divisional Commission is in knowledge of the provisions of law, but he has applied these provisions wrongly or on misconception of law in this case, it is clear that no allotment can be made to West Pakistan Refugees under cabinet order No 578-C of 1954 dated May 7, 1954, but only his previous allotment or possession is saved and also a right of occupancy tenant can not be conferred on the displaced persons from West Pakistan. He has himself stated in the order that father of Bua Ditta was refugee of West Pakistan. In doing so the Divisional Commissioner has exceeded his jurisdiction and interpreted the law wrongly. The order is thus illegal, the court observed.
The Tribunal further observed that from the perusal of record it is not clear that the father of Bua Ditta was allotted land under cabinet order dated May 7, 1954 as no allotment order has been attached nor any date of allotment is disclosed. Allotment record is also not with the file of the case. There is no revenue record such as Girdawari or Jamabandi showing that on which date or under which provisions the land has been allotted. There is not even iota of evidence on the file to show that under which circumstances and on what date this land was allotted to the father of the respondent. In absence of all these evidences, it is not possible for the Tribunal to decide the case on merit and also about the cancellation of allotment. With these observations Tribunal remanded the case back to Custodian EP for deciding the matter a fresh. JNF |
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