Delhi High Court - Orders
Ravinder Kumar Mirg vs The Union Of India & Ors on 22 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 903/2020 and CM APPL. 40949/2021, 43074/2021
RAVINDER KUMAR MIRG ..... Petitioner
Through: Petitioner in person.
versus
THE UNION OF INDIA & ORS ..... Respondents
Through: Ms. Bharathi Raju, Sr. Panel
Counsel with Mr. Jitender Kumar
Tripathi, G.P. for UOI [M-
9868895906]
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 22.03.2023
1. This hearing has been done through hybrid mode.
2. The Petitioner- Mr. Ravinder Kumar Mirg is the son of Late Mr. Madan Lal Mirg, who is in turn the successor-in-interest of Late Mr. Phagu Ram (or Phagu Mal), one of the members of a Hindu family who were displaced from Pakistan during Partition. The claim of the Petitioner is in respect of compensation under the Displaced Persons (Compensation & Rehabilitation) Act, 1954 ('DPCR Act'), qua abandoned lands located in Pakistan. According to the Petitioner, the rural properties and rural agricultural lands in Pakistan belong to the entire Joint Hindu Family, involving Mr. Veerumal, Mr. Kalu Mal and Mr. Phagu Mal.
3. Vide claims which were decided on 7th October, 1959, Late Mr. Phagu Mal's share was determined as being 1/4th share of rural agricultural lands measuring 18 standard acres & 4 units. According to the Petitioner, on Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 1 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 12th June 1969, Mr. Phagu Mal was already paid his 1/4th share of the claimed compensation qua the other rural properties.
4. According to the Petitioner, before the compensation could be decided qua the rural agricultural lands vide Claim Compensation Bill bearing no. CAF No.PS/PA/8386, Mr. Phagu Mal passed away on 21st December, 1977 and Mr. Madan Lal Mirg was substituted as their sole-successor-in-interest in the year 1978.
5. Over the years 1978-1979, Respondent No. 2- Settlement Commissioner had sought various documents for processing of compensation to be paid to Mr. Madan Lal Mirg qua the 1/4th share of the rural agricultural lands. However, it is the case of the Petitioner that the said compensation neven came to be processed.
6. Again in 1999, certain further documents were sought for finalization of the claims stated above. Finally, in September 2005, the DPCR Act was repealed as per the provisions of the Displaced Persons Claims and Other Laws Repeal Act, 2005 ('Repealing Act'), which was notified on 6th September 2005. Post repealing of the DPCR Act, it is urged by the Petitioner that the Respondents did not process the above claims at all. According to the Petitioner, the claims of the Petitioner were saved under the Repealing Act and ought to have been processed under the extant law prior to the enactment of the said Repealing Act.
7. After Mr. Madan Lal Mirg died on 19th May, 2006, the Petitioner applied to Respondent No. 3 for the substitution of Petitioner's name as per the provisions of the repealed DPCR Act and the finalization of the above compensation claims. However, the same was rejected on the ground that the DPCR Act had been repealed, and consequently, there was no authority Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 2 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 to carry out such substitution.
8. In respect of the above, the Petitioner filed a writ petition before this Court, W.P.(C) 6005/2008 in the matter titled 'Ravinder Kumar Mirg v. Union of India'. The said writ petition was disposed of vide order dated 1st April 2011:
"1. These writ petitions are permitted to be withdrawn with liberty to each of the Petitioners to avail of statutory remedy which has now been made available in accordance with law.
2. The proceedings pending before the officers concerned will proceed in accordance with law. The said proceedings be disposed of within a period of six months from today."
9. The grievance of the Petitioner is that despite the above said order having been passed directing the authorities to proceed further and dispose of the Petitioner's case within a period of six months, no action was taken by Respondent Nos. 2 and 3 qua the Petitioner's compensation claims. Further, it was belatedly referred to District Judge, Rohini on 7th January 2013 for the purposes of carrying out the enquiry relating to the substitution of the Petitioner's name under Section 9 of the repealed DPCR Act read with Section 6 of the General Clauses Act, 1897 and other enquiries. A perusal of the record would show that the Ministry of Home Affairs (Settlement Wing) vide order dated 7th January, 2013 wrote to the District Judge, Rohini with the following request:
"2. Smt. Ishwar Devi and Sh. Ravinder Kumar Mirg - both resident of 131, Punjabi colony, Narela, Delhi-40 and Smt. Raj Verma, resident of 69, Tripuri Town, Patiala, Punjab (wife, son, & daughter respectively of deceased claimant Shri M.L. Mirg) filed application on 16-08-2006 before the Settlement Commissioner, Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 3 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 Settlement Wing, Rehabilitation Division of this Ministry for substitution u/s 9 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 for substitution/appointment as Successor-in-Interest in place of Late Shri Madan Lal Mirg, holder of a verified claim in lieu of rural agricultural land abandoned in Pakistan at the time of partition in the year 1947 in respect of his balance compensation to the extent of 3 Std. Acres and 13-61/160 Units available at his credit in his CAF file bearing No. PS/PA/8386 in lieu of his verified claim stating Shri Madan Lal Ming had expired on 19-05-2006.
3. As the authorities under the Displaced Persons (Compensation & Rehabilitation) Act, 1954 had ceased to exist in the year 2005 the substitution u/s 9 of the said Act could not be carried out and accordingly, their request was not acceded to. Aggrieved, the legal heirs moved the Hon 'ble High Court by way of a Civil writ Petition No.6005/2008 Hon'ble Delhi High Court against the Union of India (this Ministry) and others for payment of compensation in the form of allotment of rural agricultural land and have obtained an order dated 01-04-2010 from the Hon'ble High Court (copy enclosed) directing the Respondents, inter-alia, that "the proceedings pending with the officers concerned shall proceed in accordance with law. The proceedings be disposed of within a period of six months from today."
4. Since no statutory authority exist in this Ministry under the above said Act the application dated 20-04- 2011 along-with its enclosures are being forwarded herewith for carrying out the necessary substitution in this case by the District Court u/s 9 of the above said Displaced Persons (Compensation & Rehabilitation) Act, 1954 r/w Section 6 of the General Clauses Act, 1897 to enable this Ministry to comply with the aforesaid direction dated 01-04-2010 of the Hon'ble High Court of Delhi as also to satisfy the unsatisfied Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 4 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 verified claim.
5. It is therefore requested that necessary action for carrying substitution of Smt. Ishwar Devi and Sh. Ravinder Kumar Mirg both resident of 131, Punjabi colony, Narela, Delhi-40 and Smt. Raj Verma, resident of 69, Tripuri Town, Patiala, Punjab in the aforesaid compensation belonging to deceased Shri Madan Lal Mirg may please be taken as per law"
10. In the said proceedings before the District Court, Rohini in Misc. Case 01/13, titled 'Ravinder Kumar Mirg v. Union of India', Mr. S.K. Parida, Under Secretary, Ministry of Home Affairs appeared and gave his evidence, and the same was recorded by the District & Sessions Judge on 22nd May 2013. In the said evidence which was given, various original records were exhibited by the witness. The deposition of Mr. Parida is also recorded below:
"It is correct that order no. 13/SC/PN/U.S/9/78 dated 22.08.1978 is a copy of our official record. Original of the said order is in our official record. Copy of the said order is Ex.RW3/1 (original seen and returned). Another copy of the same is Ex.RW3/1A. It is correct that Ex.RW3/2 i.e Appendix VII in CAF No.PS/PA/8386 is copy of our official record (original seen and returned). Original of the same is in our official record. It is correct that several requests were made by Smt. Ishwar Devi, Sh. Ravinder Kumar Mig and Smt. Raj Verma for their substitution under Section 9 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 for substitution and finalization of CAF No. PS/PA/8386. It is also correct that letters dated 30.07.2012, 10.08.2012 and 03.09.2012 written by Smt. Ishwar Devi, Sh. Ravinder Kumar Mirg and Smt. Raj Verma to EP Cell, Land & Building Department, GNCT of Delhi were endorsed to our office. The said letters are Ex.RW3/3, Ex.RW3/4 Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 5 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 and Ex.RW3/5 respectively (original seen and returned). Letter no.RD/SW/HC(Delhi)/08 dated 20.07.2012 is true copy of our official record. I identify the signature of Dy. Secretary, the author of this letter. Copy of the same is Ex.Rw3/6 (original seen and returned). Letter no.RD/SW/HC(Delhi)/08 dated 24.07.2012 is true copy of our official record. The same bears my signature. Copy of the same is Ex.RW3/7, (original seen and returned). It is also correct that letter no. F-6/EP Cell/L&B/Misc./2006 dated 01.07.2011 is true copy of our official record. The same is Ex.RW3/8 (original seen and returned). It is also correct that letter no.
F1/MO/EPCell/L&B/2006/12691 dated 26.10.2012, is true copy of our official record. The same is Ex.RW3/9 (original seen and returned). Sh. P.K. Kaul, Under Secretary was the last Settlement Commissioner. After repeal of the displaced persons (Compensation and Rehabilitation) Act and allied Acts, the residuary works relating to these Act are being looked by the Dy. Secretary/Director Rehabilitation and Under Secretary Rehabilitation in accordance with the Section 6 at the General Clauses Act, 1897. Sh. P. Pandey, Director was the last authorized Chief Settlement Commissioner. After repeal of the displaced persons (Compensation and rehabilitation) Act and allied Acts, there is no authorized or designated settlement commissioner or chief settlement commissioner. RO & AC"
11. The annexed original records as mentioned by Mr. S.K. Parida above specifically shows that the delay in inclusion qua the rural agricultural land claim was condoned by the authorities vide order dated 30th September, 1965. The credit which was shown as standing qua the rural agricultural land claim is reflected below:
Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 6 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 7 of 16By:RAHUL Signing Date:28.03.2023 18:37:38 Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 8 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 9 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38
12. The Union of India had filed its written submissions before the District Judge, Rohini wherein it is recorded as under:
"4. That the said Shri Phagu Ram had filed compensation application form for payment of compensation in lieu of his 1/4th share in the aforementioned verified claim under the provisions of the Displaced Persons (Compensation & Rehabilitation) Act, 1954. The Net admissibility of compensation was worked out to 3 Standard Acre and 13-61/160 units being his 1/4th share.
5. That Shri Phagu Ram, claimant died on 21.12.1977. Shri Goswami H.J. Lal, Settlement Commissioner, under the provision of Section 9 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954, vide his order dated 22nd August, 1978, appointed Shri Madan Lal S/o Shri Kalu Ram as sole successor-in interest of Shri Phagu Ram in respect of the said claim/compensation.
6. That during pendency of the case of Shri Madan Lal for payment of compensation in the form provided under the said Act/Rules, the above mentioned Acts were repealed vide enactment of The Displaced Persons Claims and others Laws Repeal Act, 2005.
7. That Shri Mandan La also died on 19.05.2006 as per the death certificate submitted by his legal heirs i.e. Smt. Ishar Devi (wife), Smt. Raj Verma (daughter) and Shri Ravinder Kumar Mirg, (son) with their application dated 16.08.2006 for substitution of legal heirs of the deceased claimant under section 9 of the said Act. That as the authorities under the Displaced Persons Compensation & Rehabilitation) Act, 1954 had ceased to exist in the year 2005 the substitution of the said Act as prayed by the petition could not be carried out and accordingly, their request was not acceded to.
8. That as the work of administration, management and disposal of evacuee properties (forming part of Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 10 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 compensation pool) was transferred to the State Governments/UTs, this Ministry also issued an advisory dated 22.09.2008 to all the State Governments and Union Territories for dealihg with the pending proceeding/cases under the said Acts after their repeal.(copy of the Advisory dated 22.9.2008 is annexed as Annexure A.)
9. That, aggrieved, the legal heirs moved the Hon'ble High Court of Delhi by way of a Civil Writ Petition No.6005/2008 against the Union of India (this Ministry) and others for payment of compensation in the form of allotment of rural agricultural land and have obtained an order dated 01.04.2011 from the Hon'ble High Court (Copy enclosed as Annexure-B) directing the Respondents, inter-alia, that "the proceedings pending with the officers concerned shall proceed in accordance with law. The proceedings be disposed of within a period of six months from today."
10. That since no statutory authority existed in this Ministry under the above said Act after its repeal, the application dated 20.04.2011 along-with its enclosures was placed before this Hon'ble Court for carrying out the necessary substitution in this case under section 9 of the Displaced Persons (Compensation & Rehabilitation) Act, 1954 r/w Section 6 of the General Clauses Act, 1897 to enable this Ministry to comply with the aforesald direction dated 01.04.2011 of the Han'ble High Court of Delhi for satisfying the unsatisfied verified claim Prayer:
In the light of the foregoing submissions, it is humble prayed that this Hon'ble Court may kindly pass appropriate order on substitution application of Smt. Ishwar Devi, Smt. Raj Verma and Shri Ravinder Kumar Mirg, placed by this Ministry vide its reference dated 07.01.2013 before this Hon'ble Court".
13. The prayer of the Union of India in the said proceeding before the Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 11 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 District Judge, Rohini was for deciding on the substitution. The order was passed by the ld. District Judge, Rohini on 17th August, 2013 which specifically records the brief facts and findings as under:
"The brief facts giving rise to the reference petition as reflected from record and written arguments submitted on behalf of reference petitioner and gathered from the documents on record are that claim index number B- BP-38/62 was verified/revised vide order dated 07.10.1959 with regard to three joint claimants Veerumal S/o Tillumal and Kalumal and Fagumal both sons of Sh. Rawalmal, copy of which is Ex RW 4/4. In this order, so far it is relevant, the claim of late Sh. Fagumal S/o Sh. Rawalmal was determined at 1/4th share in joint rural agricultural land claim. It was verified for a total of 18 standard acre and 4 units in respect of rural agricultural land left in Bhavanpur State of West Pakistan. Late Sh. Fagumal had filed application for payment of compensation in lieu of this 1/4th share in the aforesaid verified claim. The net admissibility of compensation payable to Sh. Fagumal was worked out to 3 standard acre and 13- 61/160 units.
xxx xxx xxx In view of the above, it is held that Sh. Ravinder Kumar Mirg is allowed to substitute late Sh. Madan Lal Mirg in respect of unsatisfied verified compensation claim bearing CAF no. PS/PA/8386 as sole-successor-in interest of late Sh. Madan Lal Mirg, the other two legal heirs Smt. Raj Verma and Smt. Ishwar Devi having given up their rights in respect of said unsatisfied compensation claim in favour of Sh. Ravinder Kumar Mirg. The reference is answered and disposed of accordingly. The true copy of this order be given to both the parties dasti and an attested copy of this order be sent to the Reference petitioner, Deputy Secretary concerned by post. The order be sent to the server (www.delhidistrictcourts.nic.in).The file be consigned Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 12 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 to the record room."
14. The District Judge, Rohini as per the above order, held that Petitioner- Mr. Ravinder Kumar Mirg is substituted in place of Mr. Madan Lal Mirg in respect of the unsatisfied verified compensation claim bearing no. CAF. No.PS/PA/8386. After this order was passed by the District Judge-Rohini, the Respondent No. 3-Settlement Commissioner who is the same official who deposed before the District Judge in the aforesaid proceedings- Mr. S.K. Parida passed the impugned order dated 31st January, 2018 where he concludes as under:
"7. Consequent to completion of the pending proceedings of substitution, the case was placed before me as Settlement Commissioner for carrying out the next proceeding i.e. finalization of claim compensation. While scrutinizing the claim the following points came to my notice.
(i) As apparent from the old records, during 1978, certain correspondence were made with Sh. Madan Lal for processing his case. However, the case was not processed further as the then Assistant Settlement Officer wanted another CAF file bearing no.
D/GM/44699 to be linked vide letter dated 04.01.1979 addressed to Asstt. Settlement Officer (Records). The required files are not found to be linked to the present file/bearing no. PS/PA/8386. It is not clear whether or not the said file was available at that time.
(ii) As already recorded, it was a joint claim having share of different proportion in respect of different claimants. Shri Madan Lal Mirg has been requesting for satisfaction of claims in respect of Shri Phagu Mal. In one representation dated 13.01.1999 of Shri Madan Lal, it is stated that the claims of Shri Veerumal having ½ share and Shri Kalumal Mal having ¼ share have been satisfied. The relevant CAF files/documents are necessary for scrutinizing the present claim. It raises Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 13 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 question how and why the claims of other claimants in a joint claim were decided leaving the claim of present claimant unsettled. It is not clear whether the claim of Shri Phagu Mal was linked to the claim of other claimants of the joint claim while finalizing their claims.
8. In view of the discussion as recorded under para 7 above, I am not inclined to pass any order determining the claim/compensation in respect of Shri Phagu Mal at this stage, and leave it open for further scrutiny subject to availability of relevant records either from the old records of this Ministry or furnishing of same by the present claimant."
15. This order was also carried to the Respondent No.2-Chief Settlement Commissioner who held a hearing on 10th September, 2018 and 4th February 2021, wherein the Respondent No.2 merely directs taking of steps for location of the original records. The extract of the said order dated 4th February 2021 extracted herein below:
"5. Having regard to the above position and to ensure that a correct decision is arrived at on the claim of the appellant, the Chief Settlement Commissioner emphasized on the location of the original records and accordingly, directed all concerned to take all possible steps towards the same."
16. These orders passed by Respondent No. 2 and 3, respectively the Chief Settlement Commissioner and the Settlement Commissioner are under challenge in the present writ petition. Further, the Petitioner prays for processing of the above mentioned compensation bearing no. CAF. No.PS/PA/8386 of the Petitioner and for making payment after determining compensation.
17. Ms. Bharathi Raju, ld. CGSC submits that the claims which the Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 14 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 Petitioner is seeking, has already been paid according to the stand of the Union of India as recorded in the Reply Affidavit on behalf Respondent Nos. 1 to 3, dated 20th August 2020 order dated 31st January, 2018.
18. The stand of the Union of India is reflected at paragraph 8 of the Reply Affidavit on behalf Respondent Nos. 1 to 3, dated 20th August 2020 which reads as under:
"8. That it is humbly submitted that initially Shri Phagumal has failed to claim his compensation against his verified 1/4th share of agriculture land. However, as evident from the available records, when 1/4th share of rural claim was settled by way of payment of Rs 666.50 in 1969 in a separate claim bearing no. B/BP-8/95, Shri Phagu Ram had filed compensation application form vide separate CAF No.PS/PA/8386 in respect of his said 1/4th share of agricultural land for payment of compensation in lieu of his 1/4th share in the aforementioned verified claim under the provisions of the Displaced Persons (Compensation & Rehabilitation) Act, 1954. The Net admissibility of compensation was worked out to 3 Standard Acre and 13-61/160 units being his 1/4th share".
19. In response to paragraph 8 of Reply Affidavit on behalf Respondent Nos. 1 to 3 extracted above, it is submitted by the Petitioner that the claim for other rural property is separate from the claim for other rural agricultural land as reflected from paragraph 8. It is only the 1/4th share of other rural property claim which has been settled.
20. A perusal of the above facts would show that before the District Judge- Rohini, the original record pertaining to compensation claim bearing no. CAF. No.PS/PA/8386 was produced. The concerned official gave his evidence and in the original record, the credit of the claimed amount in Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 15 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38 respect of compensation claim bearing no. CAF. No.PS/PA/8386 is also properly reflected. Thus, the repeated attempts to again trace original records prima facie is, in the opinion of this Court, nothing but an effort to delay the determination of compensation and payment of the same. The finding of the District Judge, Rohini vide order dated 17th August 2013 and a perusal of the record attached with the said order, which is an exhibited record shows that there is a credit recorded by the then Settlement Commission in 1969. The record clearly reflects that the delay in the filing of the claim by Late Shri Phagu Mal was condoned by the Respondent No. 3- Settlement Commissioner at the relevant point of time. Thus, in the opinion of this Court, the repeated tracing of original records as recorded vide order dated 31st January 2018 by Chief Settlement Commissioner, which are admittedly not traceable and not available, would indefinitely delay the present matter from reaching a conclusion.
21. Accordingly, it is directed that the Respondent No. 3- Settlement Commissioner shall go by the original record attached with the District Judge's proceedings and file on record a calculation of compensation based on the said record which shows Credit of Late Shri Madan Lal Mirg, the father of the Petitioner- Ravinder Lal Mirg. The Settlement Commissioner shall remain present in Court on the next date of hearing, to explain the position.
22. This shall be treated as part-heard matter.
23. List on 7th July, 2023.
PRATHIBA M. SINGH, J.
MARCH 22, 2023 Rahul/dn Signature Not Verified Digitally Signed W.P.(C) 903/2020 Page 16 of 16 By:RAHUL Signing Date:28.03.2023 18:37:38