Section 20A in Displaced Persons (Compensation and Rehabilitation) Act, 1954
20A. Utilization of compensation pool in connection with restoration of evacuee property in certain cases.
- Where any evacuee or his heir is entitled to the restoration of any evacuee property on an application made by him in this behalf under section 16 of the Administration of Evacuee Property Act, 1950 (31 of 1950), hereinafter in this section referred to as Evacuee Property Act, and the Central Government is of opinion that it is not expedient of practicable to restore the whole or any part of such property to the applicant by reason of the property or part thereof being in occupation of a displaced person or otherwise, then, notwithstanding anything contained in the Evacuee Property Act, and this Act, it shall be lawful for the Central Government -(a)to transfer to the applicant in lieu of the evacuee property or any part thereof, any immovable property in the compensation pool or any part thereof being in the opinion of the Central Government as nearly as may be of the same value as the evacuee property or the case may be, any part thereof, or(b)to pay to the applicant such amount in cash from the compensation pool in lieu of the evacuee property or part thereof, as the Central Government having regard to the value of the evacuee property of part thereof, may, in the circumstances, deem fit.Explanation - The provisions of this sub-section shall apply, whether or not a certificate for the restoration of the evacuee property has been issued to the applicant under sub-section (1) of section 16 of the Evacuee Property Act, as in force immediately before the commencement of the Administration of Evacuee Property (Amendment) Act, 1956, if the evacuee property has not in fact been restored to the applicant.(2)Where in pursuance of sub-section (1) any evacuee or his heir has been granted any immovably property from the compensation pool or has been paid any amount in cash from the compensation pool, his application under section 16 of the Administration of Evacuee Property Act for the restoration of the evacuee property shall be deemed to have been disposed of, and his right, title and interest in such evacuee property shall be deemed to have been extinguished but such extinguishment shall not affect the power of the Central Government to acquire the evacuee property under section 12 of this Act.
