Section 72 in The Displaced Persons (Compensation and Rehabilitation) Rules, 1955
72. Enquiry where the Allottee has no verified claim.
(1)Where the allottee has no verified claim in respect of property other than agricultural land, the Settlement Officer shall, on receipt of a declaration under Rule 71, verify the particulars specified therein in the presence of allottee or his authorised agent, and determine the public dues outstanding against such allottee.(2)If the Settlement Officer is satisfied that the allotment is in accordance with the quasi-permanent allotment scheme, he may pass an order transferring the property allotted to the allottee in permanent ownership as compensation and shall also issue to him a sanad in the form specified in Appendix XVII or XVIII as the case may be with such modifications as may be necessary in circumstances of any particular case granting him such rights;Provided that before posting any order under this sub-rule, the allottee shall be required to pay the entire amount of 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 the amount of public dues outstanding against allottee which have not fallen due shall be a first charge on the land transferred to him and shall be payable by him in accordance with the terms of the bonds and agreements 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 - For the purposes of reducing the area to be allotted the value of standard acre shall be computed in accordance with the provisions of rule 56.(3)If the Settlement Officer finds from the inquiry referred to in sub-rule (1) that the allottee has secured an allotment in excess of that due to him or that he was not entitled to any allotment or that the allotment was obtained by means of fraud, false representation or concealment of material facts, he shall after due enquiry and after giving the allottee a reasonable opportunity of meeting the objections record his finding as to the correctness or otherwise of the allotment.(4)A copy of the findings under sub-rule (3) shall be supplied free of cost to the allottee and the case along with the relevant record of evidence and documents shall then be sent with the recommendations of the Settlement Officer to the Settlement Commissioner who may pass such orders thereon as he may deem fit.(5)The sanad required to be issued by the Settlement Officer under this Rules but actually issued by the Managing Officers before the 28th February, 1958 shall be deemed to be as valid, as if they were issued by Settlement Officers.
