(Form
of Notice under Rule 102(2)
From
Shri Chief Settlement Commissioner
To
Shri/ Shrimati
Please take notice that in exercise of the powers delegated to me under Section 24 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, it is sought to revise the order of Shri .. dated 195
used on the compensation application or .. bearing registration number. The matter shall come before me at on 195.
Please arrange to be present in person or through an agent (not being a legal practitioner) authorised in writing and show cause why the order of the Officer should not be varied. If no appearance is made on your behalf the decision will be taken in your absence.
for Chief Settlement Commissioner.
APPENDIX XXVII (Form of notice under Rule
107)
From
Shri Settlement Commissioner.
To
Shri/ Shrimati .. ..
Please take notice that your Appeal/ Revision Petition/ Review application against the order of Shri Settlement Officer dated the passed on Compensation Application bearing Registration No .. will come up for hearing before me at on the 10 A.M.
If no appearance is made on your behalf by yourselves or by an agent (not being a legal practitioner) authorised in writing, the Appeal/ Petition Application will be decided in your absence.
Given under the hand and seal of my office this day, 195.
Regional/ Settlement Commissioner
GOVERNMENT OF INDIA
Ministry of Rehabilitation
[Rule 116]
CERTIFICATE
OF PAYMENT OF COMPENSATION 1955
Photo of Claimant as attested at the time of payment of Compensation.
Seal of Settlement Officer
Claimants signature or )
Thumb impression )
Signature of attesting officer )
Date )
Note -- (i) This card (together with the photograph returned to the payee of compensation after attestation) must be preserved and produced by him when applications are invited for payment of next installment of compensation. This card will also be produced on demand by any Central or State Government Official.
Note -- (ii) He will not hereafter be entitled to any of the rehabilitation benefits ordinarily admissible to displaced persons e.g. stipends for children, loans etc. If he receives any such benefits, he will, besides forfeiting any claim of future installments of compensation, render himself liable for such action as Government may consider necessary.
OFFICE
OF THE REGIONAL SETTLEMENT COMMISSIONER
No. Dated the
The holder of this certificate was paid compensation towards satisfaction of his claim for immovable property left by him in West Pakistan and verified under the Displaced Persons (Claims) Act, 1956; as noted below :-
1. Name S/o or W/o or Wd/o
2. Present address
3. Registration No. of application for compensation as given by Settlement Officer.
4. Index No. (s) of Claim (s)
5. Total assessed value of his/ her claim(s) or share.
6. Particulars of Refugee Registration Card/ Census Card surrendered:
(a) No
(b) Date of issue
(c) Place of issue, District and State.
(d) Name and designation of issuing authority.
(e) Names of dependents with age relationship as mentioned in the Card :-
No. Name Age on Relationship
(In case of more dependants a slip may be pasted just below this line and entries completed on that).
(f) Particulars of rehabilitation benefits received.
(g) Whether owned property in India before partition :-
If so; approximate value
7. Amount of net Compensation paid
(a) By demand draft/ cheque on
(b) By adjustment (complete details of property allotted should be given)
8. Deduction made from the gross compensation :-
(a) Loans
(b) Installments
(c) Arrears of rent :
Designation of the officer authorised to
determine and pay compensation.
APPENDIX
XXX
[Rule
116]
Office of The Regional Settlement Commissioner
I, S/o or W/o or Wd/o have received Bank Draft No: dated for Rs. on the Reserve Bank of India (station) in full payment of the amount due to me as under the Compensation Scheme.
I understand that if any excess payment is made to me, I shall be liable to make good the amount when called upon to do by the Regional Settlement Commissioner.
Certified that on the basis of the record I have satisfied myself as to the identity of the person entitled to receive payment and as his/ her eligibility to receive Compensation and Rehabilitation Grant against a duly verified claim for Regional Settlement.
The certificate is to be given only at the time of first payment of Compensation.
Lease of the plot A Type Double Storeyed Two Rooms
(Applicable in the case of double storeyed Government tenements in Delhi)
Lease and Conveyance deed in respect of double storeyed A type Building in various Rehabilitation Colonies, Delhi.
Lease and Conveyance deeds in respect of double storeyed C type Building in various Rehabilitation Colonies, Delhi.
Lease and Conveyance Deed in respect of Three-Storeyed Markets in various Rehabilitation Colonies, Delhi.
1. This indenture made the day of
Between the President of India (hereinafter called the Government which expression shall, unless repugnant to context or meaning thereof include his successors and assignees) of the one part. And (hereinafter called the said allottee which expression shall unless repugnant to the context or meaning thereof include his heirs, executors, administrators and assignees) of the other part.
2. And whereas the Government has built a three-storeyed building consisting of 45 Shops. 20 stalls on ground floor, 30 flats on first floor, 20 flats on second floor with a joint passage, balcony and staircase for going to the upper floors as shown in the plan annexed to these presents on plot No. situated in Khurshid Market.
3. And whereas the shops on the ground floor are called shops No . And flats on the first and second floor over said respective shops are called flats No. .. respectively.
4. And whereas the Government has agreed to transfer the said shops and flats to different right attached thereto.
5. And whereas the Government has agreed to sell and the allottee has agreed to purchase shop/ flat No. and all undivided share in the brick bull staircase and balcony in the said Market (as mentioned in the plan of the site).
6. And whereas in consideration of the premium of Rs . (Rupees .. only) paid by the said allottee and the ground rent reserved and agreed to be paid and the covenants of the said allottee the Government has agreed to demise the said allottee piece of land described in the Schedule (B) and shown in colour on the plan jointly with the allottee of shop/ flats No. first floor flat No. second floor for a period of 99 years on the terms and conditions thereunder contained.
7. And whereas section 8 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as the said Act) provides that a displaced person shall be paid out of the compensation pool the amount of the net compensation determined under sub-section (3) of Section 7 of the said Act as being payable to him and subject to the rules that may be made under the said Act, the Settlement Commissioner, or any other officer or Authority authorised by the Chief Settlement Commissioner in that behalf may make such payment in any of the forms mentioned therein or partly in one and partly in any other such form.
8. And whereas the said allottee of shop/ flat No. has paid the total sum of Rs. (Rupees only) being the purchase price of the shop/ flat No. Ist floor or second floor and undivided share in the staircase situated in the building (the receipt whereof the Government doth hereby acknowledge and from the same doth hereby release the said allotee whereof a sum of Rs. (Rupees only) has been paid in cash and balance of Rs. (Rupees only) paid by adjustment against compensation payable under the said Act to the allottee and his associate(s) whose name(s) and extent of their shares are more precisely given in the Schedule C hereunder written and who has/ have given his/ their consent for transfer of his/ their share in favour of the allottee and accordingly his/ their name (s) is/ are not joined with the allottee in the present deed as laid down in Rule 90(8) of the said Act.
9. And whereas the property the compensation of which has been adjusted against the value of the shop/ flat No. first staircase, balcony and passage was mortgaged to Shri .
son of .. in West Pakistan and/or the said allottee was indebted in the sum of Rs . (Rupees only) to Shri son of Shri in West Pakistan and the said mortgagee/ creditor has obtained a decree of Rs. from the Tribunal constituted under the Displaced Persons (Debt Adjustment) Act, 1951, the intimation to which has been received by the Chief Settlement Commissioner from the Tribunal concerned and the mortgagee/ creditor would, therefore, have a charge over the said shop flat No. first floor (as the case may be) and half share in the staircase to the extent of mortgage/ charge/ debt of Rs. according to the Provision of the above Act until the mortgage/ charge/ debt is satisfied or is redeemed by the said allottee.
Now this indenture Witnesseth that in consideration of the premises and for the purpose of creating into effect the said sale and grant of the said lease the Government doth hereby grant, convey, release and assure unto the said allottee all that the said shop/flat and in undivided share (and other undivided share in the staircase, passage and balcony is to be granted to the purchaser of other flats on the first floor/ second floor in the said building in Khurshid Market hereinafter called the said transferred premises)
To have And to Hold the said transferred premises unto and to the use of the said allottee subject to the exceptions, reservations, conditions and covenant herein contained that is to say :
(1) The said allottee shall pay all general and local taxes, rates and cesses now imposed or assessed on the said transferred premises by any competent authority.
(2) The said allottee shall not make any alteration and/or addition to the said transferred premises either externally or internally without first obtaining the permission of the Government in writing.
(3) The said allottee shall maintain the said transferred premises in a sanitary condition to the satisfaction of the authorities concerned.
(4) The said allottee shall not use the said shop/ flat No. for any purpose other than the purpose of residence/ business and the said allottee shall not use the said staircase or any purpose other than the purpose of the staircase without previous consent in writing of the Government and shall not do anything for conveyance of which shall cause annoyance or inconvenience to the owners of upper floor allottees and or occupants of adjoining shop/ flat together with only use in common with the owner of the adjoining first floor/ shop flat bearing No. the staircase and a passage and the open space in front leading to the staircase and also land under the staircase shown in colour on the plan annexed hereto.
(5) The Government may by its officers and servants at all reasonable time and in a reasonable manner after 24 hours notice in writing enter in and upon any part of the said transferred premises for the purpose of ascertaining that the said allottee has duly performed and observed the covenants and conditions to be performed and observed by him under these presents.
(6) The Government shall have full right, power and authority at all times to do, through its officer or servants; all acts and things which may be necessary or expedient for the purpose of enforcing compliance with all or any of the terms, conditions and reservations herein contained and to recover from the said allottee as a first charge upon the said transferred premises the cost of doing all or any such act and things and all costs incurred in connection therewith or in any way relating thereto.
(7) The said transferred premises shall remain charged to the extent of the mortgage/ charge/ debt of Rs. in favour of the mortgagee/ creditor according to the provisions of the Displaced Persons Debts Adjustment Act, 1951 until the mortgage/ charge/ debt is satisfied or is redeemed by the said allottee.
And this indenture further witnesseth that in further consideration of the premises and the premium of Rs ( Rupees ) only paid on or before the execution of these presents and of the rent herein reserved and of the covenants on the part of the said allottee herein contained the Government doth hereby demise unto the said (jointly with the allottee/ allottees of shop/ flat first floor/ second floor No. in the said building) all that piece or parcel of land containing by admeasurement about . square yards situated in colony, more particularly described in the Schedule D hereunder written and delineated on the plan annexed to these presents and therets coloured and the Government doth hereby further demise upto the said allottee (jointly with the allottee of shop/ flat No. first/ second floor in the said buildings) all that piece or parcel of land containing by admeasuremered about square yards situated at flat No . in Colony and more particularly described in the Schedule E hereunder written and delineated on the plan annexed to those presents and thereon coloured all the said pieces of land described in Schedule D and E hereto are hereinafter called the said demised premises, together with all rights, easements and appurtenances whatsoever to the said pieces of land belonging or in any way al pertaining Excepting and Reserving upto the Government all mines, minerals, substances of every description, sand and clay in or under the demise hereby dismissed with full right and liberty at all times to do acts and things which may be necessary or expedient for the purpose of searching for disallottee reasonable compensation for all damage done, to hold the said land described in Schedule D hereunder written unto the said allottee jointly was the allottee of shop/ flat No . in the said building and to hold the said land described in Schedule E hereunder written unto said allottee/ jointly was the allottee of shop/ flat NO. first/ second floor in the said building the term of 99 years commencing from .. and yielding and paying the for the yearly ground rent at the rate of Rs.1/- per annum per hundred square yards, or fraction thereof to be calculated separately for each of said pieces of land described in Schedule D and E hereunder written at State Bank of India, New Delhi, or at such other places as may be notified the Government for this purpose from time to time and the said allottee doth hereby covenant in respect there.
(1) from time to time and at all times during the said term to pay and discharge all rates, taxes, charges and assessment of every description which are now or may at any time hereafter during the said terms be imposed, charged or assessed upon premises hereby demised or upon the transferred premises standing thereupon or the landlord or tenant in respect thereof.
(2) not to make any excavation in the land hereby demised or remove minerals, mineral substance of any description, and or clay from the land without consent in writing of and in accordance with the terms and the conditions prescribed by the Government;
(3) at all times during the said terms to keep the said shop/ flat NO. first/ second floor and staircase situated on the demise premises in good and substantial repair;
(4) on the expiration or sooner determination of the said terms peaceably to yield up the demised;
(5) not to make any alterations in the existing plan or elevation or any structural alterations in the building standing on the demised premises or in any part of such building without the written consent of the Government first and obtained or permit the said building or any part thereof to be used for any purpose other than that of residence/ business;
(6) During the continuance of these presents to permit and allow all existing drains, water pipes sanitary and sewage system, electric lines and connections to be maintained and used for the purpose thereof respectively.
(7) (a) The ground rent will be subject to revision as provided for in (d) hereof.
(b) The said allottee shall before any assignment or transfer of the said premises hereby demised or any part thereof or his share therein obtain from the Government approval in writing of the proposed assignment or transfer and all such assignees and transferees and the said allottee shall be bound by all the covenants and conditions herein contained and answerable in all respects therefor.
(c) The said allottee herein may transfer his leasehold rights in the demised premises or any part thereof after obtaining the permission of the Government and the Government will not claim any unearned increment in the value of the said demised premises being the difference in the premium paid by him to the Government and the market value of the land then prevailing for permitting such transfer. In the event of any subsequent transfer of the said demised premises and all the buildings and structures standing thereon after deducting 50 per cent of the unearned increment as aforesaid.
(d) The Government shall also have right to revise the annual ground rent of the demised premises at the time of any assignment or transfer of the premises hereby demised subsequent to the first transfer or assignment as aforesaid. The revised ground rent payable in such case shall be at ½ per cent of the value of the land at the time of such transfer.
Provided further that in the case of any transfer or assignment subsequent to the first transfer or assignment the Government shall also have the right to revised the ground rent hereby reserved on the first day of January of the year following the year in which thirty years from the date of such subsequent transfer or assignment shall be completed and thereafter at the end of each successive period of not less than thirty days, provided that the increase in the rent fixed at each enhancement shall not at each such time exceed one half of the increase in the letting value and such letting value shall be assessed by the authority appoint4ed by the Government for the purpose.
Provided always that any such assessment of letting value for he purpose of this provision shall be subject to the same right on the part of the said allottee of appeal from the orders of the said authority within the meaning of Section 50 of the Punjab Land Revenue Act, 1887 (Act XVII of 1887) and the proceedings for or in relation to any such appeal shall be in all respects governed by the provisions of the said Act in the same manner as if the same had been taken thereunder.
(c) The ground rent will be payable in advance in half yearly installments on the 15th January and 15th July each year. The ground rent shall be payable for the full half year for the period from the date of purchase or the grant of a lease of the site on the 15th January or 15th July next following as the case may be and shall be paid by the allottee at once at the time of such grant.
8. (i) To pay the rent on the days and in the manner hereinbefore appointed for the payment thereof and also to pay all taxes, rates and assessments that now are or may hereafter during the said term be imposed upon the said land or building erected thereon or upon the Government or the said allottee is permitted sub-lease or assignee in respect thereof, under any enactment for the time being inforce;
(i) not to sub-divided the demised premises or building or stair-case and shop/flat erected thereon or any part thereof without the prior permission of the Government in writing;
(ii) not to do or permit any thing in or upon the demised premises or any part hereof which may be or become nuisance or cause damage to occupants of other shop, flat in the neighborhood.
(iii) to register all the changes in the possession of the demised premises whether by transfer, succession or otherwise in the register kept in the office of the Local Authority having jurisdiction in the area in which the said land is situated, the expression local authority shall include the Delhi Improvement Trust for this purpose within one calendar month from the respective dates of such changes (and if such changes are registered in the local sub-registry under the Indian Registration in such sub-registry) and if the said allottee shall without sufficient cause neglect to register such change in the manner aforesaid with the lands officer appointed by the Local Authority for this purpose, the Government may impose on him for each such case of neglect a penalty not exceeding Rs.100/- and the Government may in addition to the other remedies available to it under these presents enforce the payment of such penalties in the same manner as in the case of arrears of land revenue;
(iv) that all the persons acting under the order of Govt. shall be at liberty at all reasonable times in the day time during the said terms to enter upon the said demised premises of any building that may be erected thereon for any purpose connected with these presents;
(v) with the said allottee and his successors and assignees shall on the determination of the lease on the expiry of the period of 99 years yield up the demised premises with all buildings erected thereon and the Government fixtures thereto provided that the Government shall pay to the said allottee the value of his interest in the said buildings and fixtures at the date of determination of the lease, net value to be determined in the absence of agreement of by two arbitrators, one to be appointed by statutory modification thereof shall apply to such arbitration. The Government may, however, renew the lease of the land after the expiry of 99 years on such terms and conditions as considered necessary by the Government;
(vi) if during the period of the lease the said demised premises or any part thereof and the transferred premises thereon are required for a public purpose or for any administrative purpose by the Government shall at the expiry of a notice of 15 days to the effect that the said premises are required for such purpose to be served upon the said allottee by an officer of the said demised and transferred premises. The said allottee shall be entitled to compensation in respect of his interest in the said land, building and structures. The compensation payable under this clause shall, in case of dispute be determined by the Government of by such officer as he may appoint for the purpose as nearly as may be in accordance with the provisions of the Land Acquisition Act or Regulations for the time being in force in relation to the same and the decision of the Government or such officer shall be final and conclusive;
(vii) any sum of money due to or claimable by the Government in respect of land hereby demised shall be recoverable by the Government as an arrear of land revenue under the provisions of the Punjab Land Revenue Act, 1887 (XVII of 1887) and any amending Act for the time being in force.
II. Provided always that if any part of the rent shall be in arrears or unpaid for one calendar month next after any of the dates whereon the same shall have been paid whether the same shall have been demanded or not and if there shall have been demanded or not and if there shall have been in the opinion of the Government any breach by the said allottee or by any person claiming through under him/them of any of the covenants or conditions then and in such case the Government may notwithstanding the waiver of any previous cause or right of re-entry upon any part of the premises hereby demised or of the building thereon or part thereof in the name of the whole and thereupon the said premises and building shall remain to the use of and be vested in the Government and this demise shall absolutely determine and the said allottee shall not be entitled to any compensation whatever.
III. It is hereby agreed and declared that the Conveyance of the said transferred premises shall in all respect be subject to the terms and conditions of the lease by the Government shall be deemed to be a grant of transfer of land or interest therein by the Government for the purpose of the Government Grants Act, 1895 (Act XV of 1895).
No. 16(2) Policy II/58
GOVERNMENT OF INDIA
Ministry of Rehabilitation
Office of the Chief Settlement Commissioner
Jaisalmer House, New Delhi
Dated the Ist November, 1958
MEMORANDUM
The R.C.S. Delhi, has askedfor a clarification of the existing instructions in regard to the operation of Rule 65 in so far as it involves (a) the transfer of allotable property against a rural claim and (b) adjustment of public dues against a rural claim.
Subject:- Instruction in regard to the operation of Rule 65 of the Displaced Pe4rsons (Compensation and Rehabilitation) Rules, 1955Clarification of.
(2) It is settled policy that in the matter of adjusting the price of an allottable property against compensation, the price will be adjusted first against any compensation due to an urban claim, then against any compensation due against the commuted value of a land claim. Where the price of the allottable house is adjusted against the whole of the urban and rural claim, no difficulty arises since whatever claim there is, can be satisfied either by the allotment of land or by the purchase of property. Where after adjusting the whole of the urban claim and part of the rural claim against the value of the house, the claimant is left with the remainder of his rural claim and the of his land claim, then only, if he is given land, will the remainder of his rule claim, be wiped out. If he buys property against the remainder of his rural claim before he is given land, then his rural claim will have been saved.
(3) The same argument applies in the case of public dues i.e. if, after the deduction of public dues, a claimant is left with the whole or part of his rural claim as well as his land claim, he can only lose his rural claim if he is allotted land or, if he is given cash under Rule 54.
(4) The R.S.C. also wanted to know what was the procedure to be followed where a claimant had claimed for urban or rural property and for land and who was to be given a Statement of Account. There is no harm in giving him a Statement of Account showing all these three but, it does not preclude the possibility that the R.S.C. may subsequently give him land. If he subsequently gets land, the rural claim will be wiped out. The supposition, however, is that if he is given a Statement of Account which shows the land due to him then the R.S.C. has more or less decided that no land is available for allotment to them
Sd/- L.J. JOHNSON
(L.J. Johnson)
Chief Settlement Commissioner,
To
All Regional Settlement Commissioners,
Copy forwarded for information to :
(1) D.C.S.C. (D) Shri I.N. Chib, IAS
(2) D.C.S.C.(A) Shri Gajinder Singh, I.A.S.
(3) D.S.S.C. Shri Maharaj Kishore
(4) S.C. (JI) Shri Y.L. Taneja
(5) S.C. (J II) Shri M.S. Chadda
(6) S.C.(Appeals) Shri T.C. Gupta
(7) S.C.(Appeals) Shri C.P. Sapra, 397L Model Jalandhar
(8) Policy I Section
(9) Appeals Section
(10) Claims Section
Sd/-
For Chief Settlement Commissioner