Settlement Scheme No. II

Where land was allotted to allottee alongwith his family members on temporary basis, anyone of family member of such allottee could claim that land as against his/her rural claim.

Only rural evacuee agricultural land in six border districts could be reserved and utilized for temporary allotment to Jammu and Kashmir Refugees and such land stood excluded from settlement

Urban agricultural land thus, could not be allotted by way of maintenance to Jammu and Kashmir Refugees and if so allotted, same could not remain protected or excluded from Settlement Scheme No.II.

Holder of P.T.O. of factory not being the owner in stricto senso of that factory, held, was not liable to pay war risks insurance amount in respe9t of that factory till he was granted P.T.D. in respect of that factory.

Determination of seniority of Army Officers, appointed as Joint Secretaries in Grade 20 (through lateral. entry) via-a-viz other officers appointed to such posts

Contention that para. 9 of Secretariat Group Rules was a provision which governed the question of seniority and was the relevant rule under which seniority of the parties was to be determined as provided in subsection (3) of S.8, Civil Servants Act, 1973 being one of law and of considerable public importance

Leave to appeal granted.

Entitlement of appellant to residential portion thereof, which he occupied and for which he filed his L.H. form, not finally determined by Settlement Authorities

Question as to whether such portion was separate unit and what was its evaluation price were inter-woven with matter of entitlement of appellant were yet to be finally determined

Inclusion of property in earmarking scheme, held, was not possible same being not available for disposal,

Documentary evidence on record showing that evacuee industrial concerns were purchased through auction by father of respondent not singly but jointly with other auction-purchasers as their attorney and payment of such properties admittedly was made by all jointly

Father of respondent being attorney of others himself acknowledged that he took over possession of properties for himself and on behalf of others—After death of such attorney wife and mother of respondent wrote to Chief Settlement Commissioner that disputed properties were purchased by her late husband jointly with other auction-purchasers

Documents on contention that properties in dispute were purchased by his father singly, was totally false and findings of Settlement Commissioner that father of respondent was sole auction purchaser was based on wrong facts

Finding of Settlement Commissioner, held, suffered non-reading of relevant document and facts- on records f N. 1571

Functionaries of transfer under Settlement Laws, held, could not transfer property, unless character of property sought to be transferred was determined first.

Ss. 10 & 11

Settlement Schemes Nos.l & 1I

Character of property-Question of

Functionaries of transfer under Settlement Laws, held, could not transfer property, unless character of property sought to be transferred was determined first.

Chap. III-Settlement Scheme No. VIII, para. 9 (b)-Evacuee industrial property, transfer of - Procedure mentioned in para. 9 (b),-Settlement Scheme No. VIII not followed strictly while entering into negotiations for transfer of property Parties agreeing that property in question be disposed of by an unrestricted public auction-Orders passed accordingly-Any previous proceedings /orders of Settlement Authorities for transfer of property cancelled and declared to be without lawful authority.

S.3 and Sched., para. 15-Settlement Scheme No. II-Allotment-Mere allotment of an industrial concern, held, would not confer any right upon allottee or applicant unless an application for transfer is made within stipulated period and in manner prescribed under Scheme and an order of its transfer is passed by Settlement Authorities.

Sched. read with Settlement Scheme No. I, para. 20-Settlement Scheme No. II, paras. 2, 7 & 15 (4)-Transfer of evacuee premises Transfer of evacuee bungalow sought on ground of petitioner having installed an industrial concern in a portion of such bungalow-Nothing on record showing petitioner having ever applied for transfer of such industrial concern in any manner-Inspector, Rehabilitation Department, not recommending transfer of either any residential unit or industrial concern in favour of petitioner and consequently nothing transferred to him-Existence of industrial concern (Ice and Cold Storage Factory) belied by its being not included in list of such factories in relevant register maintained by Rehabilitation Department Rehabilitation Department not only disagreeing with petitioner's contention of a part of bungalow having been transferred to him as an industrial concern but also noting fact of petitioner having purchased only cold storage plant from Director of Industries and such plant being a "mer

Settlement Scheme No. II Cl. 23 read with Settlement Scheme No. VIII, Ch. II-Properties once disposed of by unrestricted public auction-Ceased to be available for transfer till such properties resumed in accordance with Chapter II of Scheme-Auction in respect of pr6perty having not been cancelled as prescribed by rules, property, held could not be transferred.

Part A. para. 5-Auction-Notice-Not necessary to disclose area of plot included in property put to auction-Disclosure of name, location, and brief particulars of property, held, enough.