9911796707
TMI Blog1964 (3) TMI 100X X X X Extracts X X X X X X X X Extracts X X X X ..... ies within a narrow compass and hence of the voluminous facts we propose to set out only those which are relevant for appreciating the contentions urged before us. The father of the appellant owned considerable agricultural property in Pakistan and he with the members of his family moved over to India on partition. The appellant's father was allotted a considerable extent of land in village Kharar, District Ambala, but we are not concerned with that. He had still some unsatisfied claim for allotment and on December 29, 1955 he was allotted by the Managing Officer on quasi-permanent tenure Khasra Nos. 880, 881 and 882 which were within the municipal area of Kharar with the regularity of which allotment alone this appeal is concerned. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al. The first was (1) that after the Managing Officer granted a sanad on December 31, 1955 in the name of the President of India, the appellant obtained an indefeasible title to the property and that this title could not be displaced except on grounds contained in the sanad itself even in the event of the order of allotment being set aside on appeal or revision. We have considered this point in Shri Mithoo Shahani and Ors. v. The Union of India and Ors.( [1964] 7 S.C.R. 103) which was pronounced on March 10, 1964 and for the reasons there stated this submission has to be rejected. The second point that he urged was, and this was in fact the main contention raised before the High Court, that rule 2(h) of the Displaced Persons Compensation an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 947. The words 'of rural agricultural lands' occurring in the proviso to this rule were replaced by an amending Notification of 1957 by the words 'in rural area', but this amendment is obviously of no significance. Rural area is defined by rule 2(f) to mean 'any area which is not an urban area'. Pausing here, it would be useful to state two matters which are not in dispute: (1) that the allotment to the appellant was made on December 29, 1955, the sanad being issued two days later. It was therefore an allotment which was made after May 21, 1955 when the rules came into force; (2) the other matter is that Khasra Nos. 880, 881 and 882 were included in urban limits on February 10, 1951 by the municipal area of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re framed the land now in dispute could have been allotted, but because of this it is not possible to suggest that the rule altering the law in this respect which ex concessis is within the rule-making power under the Act, is invalid. Such a contention is patently self-contradictory. Every law must have a beginning or time from which it operates, and no rule which seeks to change the law can be held invalid for the mere reason that it effects an alteration An the law. It is sometimes possible to plead injustice it', a rule which is made to operate with retrospective effect, but to say that a rule which operates prospectively is invalid because thereby a difference is made between the past and the future, is one which we are unable to fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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