Chief Settlement Commissioner's memo

Department itself having supported the claim of the informers in parawise comments and before the High Court was estopped by conduct to take a somersault.

Settlement authorities have power to withdraw area allotted to a claimant which is in excess of his entitlement on ground other than fraud and misrepresentation under S.11.

Memorandum permitting Chairman, Auction Committee, to start bid below reserve price in suitable cases and further authorising Additional Settlement Commissioner to transfer shop, in his discretion, to any person going to offer a reasonable price when higher bid offered fell less than reserve price-Reserve price along with 15 % being Rs. 24,196 and last bid accepted being for Rs. 76,000, bid accepted being evidently above reserve price and auction in favour of such bidder having been accepted, memo., held, not attracted to case and transfer in favour of petitioner by private negotiation made in colourable exercise of powers.

Comp-Reh/59 dated 1-8-1959 and Central Government's Press Note dated 3-8-1960-Transfer of evacuee house-Allotments made by Government Departments having evacuee houses placed at their disposal-Deemed to be allotments made by "competent authority"-Government servants in possession of houses by virtue of such departmental allotments-Entitled to claim their transfer Appellant being in possession of house under allotment of "competent authority" before 34-160-Deemed to be in possession according to definition of term as contained fn S. 2(6) and entitled to transfer as a claimant displaced person-House, held not available for disposal under earmarking scheme on 13-8-60-Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Sched., para. 1,

S. 2 (6) read with Chief Settlement Commissioner's Memo No. 1600-Camp-Reh/59 dated 1st August 1959 and Central Government's order dated 3rd August 1960-Transfer of house-Central Government's order dated 3rd August 1960 passed in exercise of powers conferred by second proviso to cl. (6) of S. 2, Act XXVIII of 1958-Applies to Government servants earlier made eligible to transfer of houses in their possession by virtue of memo dated Ist August 1960-Appellant having submitted his CH form and entitlement in his favour having been created by Central Government's order on 3rd of August 1960, house in possession of appellant Government servant could not at a subsequent date be transferred to another under earmarking scheme-Settlement Commissioner's order transferring house to appellant restored.

Ss. 2(4) & 19 read with Chief Settlement Commissioner's Memo. No. 7355- PL-REH/60 dated 2nd March 1960-House cannot be divided merely for purpose of accommodating a local.

S. 21(1), proviso (c) read with Chief Settlement Commissioner's memos. Nos. 3033-Pl-(49)-Reh(6I) dated 27th July 1961 and 9th August 1951-Review-Order already challenged in appeal or revision-Jurisdiction to review-Excluded.