Rehabilitation Settlement Scheme No. VIII

? Permanent Transfer Deed issued?Settlement Department; held, becomes functus officio in matter.

..Sched. I read with Rehabilitation and Settlement Scheme VIII-Settlement Commissioner's order not challenged and becoming final only right petitioner could assert was a right under Scheme VIII Question of cancellation of auction of property not being finally decided at such stage, petitioner not eligible for transfer of house under Scheme VIII either.

Para. I-Transfer of rural house-Settlement authority finding house not in possession of any individual but occupied as patwar khana and directing transfer in favour of Revenue Department- -Contention that house could not be transferred to Tehsildar on behalf of Revenue Department, Tehsildar not being a person in occupation-Contention, held, could not help petitioner even if held valid since petitioner not found in possession-Settlement authority's finding, such authority being fully competent to do so, herd, rightly refused by [sigh Court to be interfered with.

Definition of 'available' houses and shops in Scheme No. VIII-Manifests only such houses and shops being available for transfer to persons in possession as had not already been transferred under Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-House standing transferred under Act at time of enforcement of Scheme No. VIII-Not available for transfer under Scheme No. VIII to a local allegedly in possession.

Statute, even if not prescribing any period for making applications for transfer, application' for transfer has, nevertheless, to be made within a reasonable time -Application for transfer of property made five years after notification inviting such applications-Such inordinate delay, held, should by itself have put Rehabilitation authorities on inquiry and determination of question t whether sufficient cause had been shown for condonation of such inordinate delay.