H. K. CHOUDHURY, REGIONAL SETTLEMENT COMMISSIONER versus SHRI ISSARDAS KUNDANMAL MOTIANI AND OTHERS

H. K. CHOUDHURY, REGIONAL SETTLEMENT COMMISSIONER versus SHRI ISSARDAS KUNDANMAL MOTIANI AND OTHERS

Rule 19 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 applies to agricultural land claims involving joint Hindu families, and the unit for assessment must be determined under this rule before compensation is calculated under Rules 51 and 56.

Parties
Appellant: H. K. Choudhury, Regional Settlement Commissioner; Respondents: Shri Issardas Kundanmal Motiani and Others
Jurisdiction
India
Judgment Date
15 February 1965
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal by Special Leave
Outcome
Appeals dismissed with costs.
Legal Topics
Displaced Persons, Joint Hindu Family, Agriultural Land Compensation, Interpretation of Rules
Compensation Law Rehabilitation Law Constitutional Law Displaced Persons Joint Hindu Family Agriultural Land Compensation Interpretation of Rules

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Parties

H. K. Choudhury, Regional Settlement Commissioner

Appellant

Shri Issardas Kundanmal Motiani and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal by Special Leave

Legal Issues

  1. 1 Does Rule 19 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 apply to agricultural land claims involving joint Hindu families?
  2. 2 Are agricultural land claims by joint Hindu families entitled to determination of compensation as per Rule 19 before application of Rules 51 and 56?

Ratio Decidendi

Rule 19 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 applies to agricultural land claims involving joint Hindu families, and the unit for assessment must be determined under this rule before compensation is calculated under Rules 51 and 56.

Court Disposition

Appeals dismissed with costs.

Orders

  • Appeals dismissed; respondent to receive benefit of Rule 19 and compensation to be determined as per Rules 19, 51, and 56.
  • One hearing fee in all the appeals.