Section 73 in The Displaced Persons (Compensation and Rehabilitation) Rules, 1955
73. Enquiry in cases where allottee has a verified claim.
(1)Where the allottee has a verified claim in respect of property other than agricultural land, the Settlement Officer shall, on receipt of a declaration under Rule 71, make an enquiry in the manner specified in Rule 72, verify the particulars specified in the declaration in the presence of the allottee or his authorised agent, determine the public dues outstanding against such allottee and shall thereafter send a copy of the declaration and other relevant papers to the Settlement Commissioner together with:-(i)a report on the public dues payable by the allottee:(ii)recommendation whether having regard to all the circumstances of the case, the allotment may be made permanent, cancelled or varied:Provided that if it appears to the Settlement Officer that the public dues owing from the allottee do no exceed two-thirds of the compensation payable to him in respect of property other than agricultural land, he shall pass an order transferring the property allotted to the allottee in permanent ownership as compensation and shall issue to him a sanad in form specified in Appendix XVII or XVIII as the case may be with such modification, as may be necessary in the circumstances of any particular case granting him such rights.(2)The compensation application shall be disposed of by the Settlement Commissioner according to the procedure prescribed in Chapters II, III and IV of these rules.(3)The Settlement Commissioner may, after considering the recommendation of Settlement Officer, direct the Settlement Officer-(i)to transfer to the allottee, the property allotted to him in permanent ownership and issue a sanad to him in the form specified in Appendix XVII or XVIII as the case may be with such modification as may be necessary in the circumstances of any particular case granting permanent ownership rights:Provided that before passing any order under this clause, the allottee shall be required to pay the entire amount of the public dues outstanding against him which have fallen due and which have not been paid and if he fails to pay the said amount, the Settlement Commissioner may pass an order that the land to be allotted to the allottee be reduced in proportion to the amount due from the allottee;Provided further that if the amount of public dues outstanding against the allottee and which have not fallen due are in excess of the compensation due in respect of the verified claim the excess amount shall be intimated by the Settlement Commissioner to the Settlement Officer, Collector or other appropriate authority who will enter the amount in the Sanad and other relevant records as a first charge on the land transferred to the allottee in permanent ownership and such amount shall be payable by the allottee in accordance with the terms of the bonds and executed by him for the repayment of such dues or in the absence of such bonds or agreements, in four equal annual instalments failing which the amount shall be recoverable as arrears of land revenue. Such charge shall also be enforceable against the successor-in-interest of the original transferee or the person to whom the land has been subsequently transferred as the case may be, and the person concerned shall be deemed to have acquired the land subject to such charge.Explanation - (i) For the purpose of reducing the area to be allotted, the value of a standard acre shall be computed in accordance with the provisions of rule 56.(ii)to transfer to the allottee in permanent ownership less area than originally allottee to him unless the allottee is prepared to pay for the excees area either in cash or by adjustment against the compensation payable to him in respect of verified claim for any urban property or rural building; or(iii)to cancel the allotment.(4)A copy of every order under sub-rule (3) shall be supplied free of cost to the allottee.(5)The Sanads required to be issued by Settlement Officers under this rule but actually issued by the Managing Officers before the 29th February, 1958 shall be deemed to be as valid, as if they were issued by Settlement Officers.
