THE REGIONAL SETTLEMENT COMMISSIONER versus SUNDERDAS BHASIN

THE REGIONAL SETTLEMENT COMMISSIONER versus SUNDERDAS BHASIN

Rule 65(2) prohibits separate compensation for rural buildings each valued less than Rs. 10,000/-; it does not permit the aggregation of values of multiple such buildings to qualify for compensation. The scheme distinguishes compensation for substantial buildings and provides other benefits for those with buildings of lower value.

Parties
Appellant: The Regional Settlement Commissioner; Respondent: Sunderdas Bhasin
Jurisdiction
India
Judgment Date
27 April 1962
Procedural Posture
Civil Appeal / Appeal by Special Leave From Rajasthan High Court Judgment and Order Dated October 3, 1958 in D.b. Civil Writ Case No. 39 of 1957
Outcome
Appeal allowed
Legal Topics
Displaced Persons Compensation, Rehabilitation, Interpretation of Rule 65
Administrative Law Compensation Law Displaced Persons Compensation Rehabilitation Interpretation of Rule 65

Case Brief

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Parties

The Regional Settlement Commissioner

Appellant

Sunderdas Bhasin

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Rajasthan High Court Judgment and Order Dated October 3, 1958 in D.b. Civil Writ Case No. 39 of 1957

Legal Issues

  1. 1 Whether under Rule 65(2) of the Displaced Persons (Compensation and Rehabilitation) Rules, the value of more than one rural building of a displaced person can be added up to cross the threshold for compensation
  2. 2 Interpreting the phrase 'any rural building' under Rule 65(2)

Ratio Decidendi

Rule 65(2) prohibits separate compensation for rural buildings each valued less than Rs. 10,000/-; it does not permit the aggregation of values of multiple such buildings to qualify for compensation. The scheme distinguishes compensation for substantial buildings and provides other benefits for those with buildings of lower value.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Writ petition dismissed