• Section 33 of the displaced persons and rehabilitation act 1954

I was the highest bidder at the auction of ecuvee property in 1960s. In 1971 the department realised that the reserve price was not revised,before putting the ecuvee property to auction.The recalculated the reserve price of the year of auction after 3 years ans concluded there is loss of revenue.In the writ filed by me the Hon High court of Delhi decided that once a property is put to auction all formalities are deemed to be over and remanded the case to the settlement commissoner to be decided as per law.The settlement commissioner decided the case in my favour.The department went in appeal under section 24 of the act and in 2012,the chief settlement commissoner upheld the order of the settlement commissioner in my favour.After 2 years the department filed a petetion under section 33.I challanged the same in Hon High court that the central government powers delegated to principal secretary was contrary to the effect that the principal secretary has taken a administrative decision of filing the petetion under section 33 of the act and stay was granted.Now the secretary has been changed and the high court at my request remanded the case to the principal secretary to hear afresh with a time bound decsion in 3 months
I would like legal advice in my case
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

4 Answers

33. Certain residuary powers of Central Government. The Central Government may at any time call for the record of any proceeding under this Act and may pass such order in relation thereto as in its opinion the circumstances of the case require and as is not inconsistent with any of the provisions contained in this Act or the rules made thereunder.

2)you have strong case on merits . the HC has rightly held that once property is placed on auction all formailities are completed . your bid should have been accepted

3) in remand the settlement commissioner has rightly decided in your favour and it has been upheld by the chief settlment commissioner

4) principal secretary is bound to paas order within period of 3 months of the petition filed by the department

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

principal secretery is bound to decide this case afresh with in given time. In Roop Lal v. Financial Commr AIR 2000, the supreme court has held that when possession is given after auction then it cannot be stalled for the reason for reassessment. your have accrued absolute right in the property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Now the secretary has been changed and the high court at my request remanded the case to the principal secretary to hear afresh with a time bound decsion in 3 months

I would like legal advice in my case

Since high court has remanded the mater to the secretary, you may follow it up through that department, i you dont get the desired relief then you plan to file contempt petition too.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

Within the sweep of the HC order the principal secretary is bound to hear you afresh and pass an order within 3 months. If he does not do so then take out contempt proceedings against him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer