RAMESH PARSRAM MALANI & ORS versus THE STATE OF TELANGANA & ORS.

Citation: [2019] 15 S.C.R. 1051 · Decided: 22-10-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Dismissed

Judgment (excerpt)

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RAMESH PARSRAM MALANI & ORS
v.
THE STATE OF TELANGANA & ORS.
(Civil appeal No.7477 of 2019)
OCTOBER 22, 2019
[L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
Displaced Persons (Compensation & Rehabilitation) Act,
1954  – ss.16, 17 and 20 – Displaced Persons (Compensation &
Rehabilitation) Rules, 1955 – r. 51 – Father of appellant was
resident of Sindh in the present day Pakistan and after partition,
came to settle in Hyderabad – Father of appellant asserted that he
was owner of 83.11 acres of land in Sindh and the same was verified
by the settlement claim officer – On basis of that order, appellant
applied for land  in lieu of 83.11 acres of land left by him – Appellant
was allotted 40.4 standard acres of land – The father of appellant
did not raise any claim for allotment of additional land till his death
– Thereafter, appellant claimed allotment of 43.7 standard acres
against balance of verified claim  – The Chief Commissioner of
Land Administration (CCLA) allotted the land measuring 19.26
standard acres – The questions which were required to be examined
were as to whether the Central Government having transferred land
to the State Government, could make allotment to the displaced
persons after May 24, 1980 – And, whether CCLA, as a delegate of
the Central Government, could allot land though he exercises the
appellate powers, the power of allotment having been vested with
the Managing Officer as per s. 17 of the Act – Held: The Circular
dated May 23, 1980 relates to administration, management and
disposal of compensation which is in terms of s. 16 of the Act  – S.
16(2)(b) of the Act empowers the Central Government to constitute
such authority or Corporation for the purposes of sub-section (1)
i.e. custody, management and disposal of compensation pool – The
Central Government is competent to constitute any authority or
Corporation for the same purpose – Therefore, the transfer of land
forming part of compensation pool to the State Government has
legislative sanction in terms of s. 16(2)(b) of the Act – In the instant
case, the allotment was made by the CCLA as a delegatee of the
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SUPREME COURT REPORTS
[2019] 15 S.C.R.
Central Government – The Settlement Commissioner had no power
to make allotment of land falling in the compensation pool either
before May 23, 1980 or thereafter – Insofar as the power of CCLA
in terms of the scheme of the Act is concerned, the allotment of all
evacuee land is governed by the Act, therefore, the officers
competent to make allotment are the Managing Officers, whereas
power of appeal and revision are to be exercised by the Settlement
Commissioner or the Chief Settlement Commissioner  – The CCLA
in terms of the scheme of the Act has no power to make allotment of
land as he exercises the appellate or revisional jurisdiction as a
delegate of the Central Government  – The power of allotment is
vested with Managing Officer only in terms of s. 17 of the Act.
Dismissing the appeal, the Court
HELD: 1.The first and the foremost question which requires
to be examined is as to whether the Central Government having
transferred land to the State Government, could make allotment
to the displaced persons after May 24, 1980. Another question
which arises is whether CCLA, as a delegatee of the Central
Government, could allot land though he exercises the appellate
powers, the power of allotment having been vested with the
Managing Officer as per Section 17 of the Act. [Para 22] [1074-
G-H]
2. In the State of Andhra Pradesh, initially a letter was
communicated on December 9, 1964 in response to the
communication from the Government of India regarding winding
up of certain organization of the Central Government and transfer
of land to the State.  However, on May 24, 1980, the transfer of
the land in compensation pool to the State Government was
completed when the circular contemplating administration,
management and disposal of remaining undisposed evacuee
property was issued.  The circular provides that the Central
Government is to be given 15% of realised value of the properties
after sale and the balance sale amount was permitted to be
retained by the State Government.  The transfer of land to the
State Government is complete w.e.f. June 1, 1980 subject to the
conditions specified in the Circular dated May 23, 1980 such as
payment of 15% of realised value to the Central Government.
Even if, such value is not paid by the State Government, it i

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