MAKHAN LAL MALHOTRA AND OTHERS versus THE UNION OF INDIA

z96o MAKHAN LAL MALHOTRA AND OTHERS October a7. v. THE UNION OF INDIA (B. P. SINHA, c. J., J. L. KAPUR, P. B. GAJENDRAGADKAR, K. SuBBA RAO and K. N. WANCHOO, JJ.)

Evacuee Property-Rural building-Claim for compensation--Classification Validity of rules-Displaced Persons (Claims) Supplementary Act, z954 (z2 of z954), r. 5-Displaced Persons (Compensation and Rehabilitation) Act, z954 (44 of z954), r. 65-Constitution of India, Arts: z4, 3z(5)(b)(iii).

The petitioners who were displaced persons from West Pakistan put forward certain claims in regard to village houses which they had left there, but which were rejected by the Rehabilitation authorities. The claims were for amounts above Rs. 20,000 in the case of some of the petitioners and above Rs. 10,000 in the case of the others. By r. 5 framed under the Displaced Persons (Claims) Supplementary Act, 1954, claims could be verified provided, inter alia, that where claimant had been allotted any agricultural land in India and such land so allotted exceeded four acres, the value of the building in respect of which the claim was made shall not be less than Rs. 20,000 and· where it did not exceed four acres the claim made was not less than Rs. 10,000. Rule 65 of the Displaced Persons (Com-pensation and Rehabilitation) Act, 1954, provided that any per-son to whom more than four acres of agricultural land had been allotted shall not be entitled to receive compensation separa-tely in respect of his verified claim for any rural building the assessed value of which was less than Rs. 20,000, and any per-son allotted four acres or less was not entitled to receive com-pensation where the value was less than ·Rs. 10,000. The peti-tioners challenged the validity of the aforesaid rules as being discriminatory and there!>y contravening Art. 14 of the .Consti-tution of India on the grounds that the object of the various Acts and the rules made thereunder was to rehabilitate dis-placed persons but by the rules, .classifications had been made with reference to houses in rural areas which were discrimina-tory as neither the classes were based on intelligible differentia nor was there rational nexus between that differentia and the object sought to be achieved. It was found that the impugned rules were made in pursuance of an Inter-Dominion Agreement between the two Governments with regard to evaluation of evacuee property, which had received recognition in Art. 31(5) (b)(iii) of the Constitution.

Held, that the impugned rules afforded reasonable justifi-cation for the classification and did not contravene Art. 14 of the Constitution.

2 S.C.R. SUPREME COURT REPORTS

ORIGINAL JURISDICTION: Petition No. 44 of 1958. Petition under Art. 32 of the Constitution of India for enforcement of Fundamental Rights.

N aunit Lal and Gopal Singh, for the petitioners.

H. N. Sanyal, Additional Solicitor-General of India,

N. S. Bindra, K. R. Choudhri and R.H. Dhebar, for the respondent.

1960. October 27. The Judgment of the Court was delivered by

KAPUR J .-The petitioners have moved this Court

under Art. 32 of the Constitution for writ of mandamus against the respondent to verify the claims put forward by the petitioners and to grant compensa-tion in respect thereof; but there is little merit to commend the acceptance of the petition.

The petitioners are displaced persons from West

Punjab which is now known as West Pakistan and have taken up their residences in different parts of India. They put forward certain claims in regard to village houses which they had left in West Pakistan and which were situate in different villages. The peti-tioners have in their petition set out their respective claims which were rejected by the Rehabilitation authorities. It is unnecessary to give details of the properties in the various villages in regard to which claims were made. It is sufficient to say that the claims were put forward and they were for amounts above Rs. 20,000 in the case of petitioners Nos. 1 and 2 and above Rs. 10,000 in the case of petitioners Nos. 3 to 6.

The petitioners challenge the vires of two rules-

Rule 5 under the Displaced Persons (Claims) Supple-mentary Act, 1954, (Act 12 of 1954) and r. 65 of the Rules made under the Displaced Persons (Compensa-tion and Rehabilitation Act), Act 44 of 1954. The challenge is on the ground of violation of Art. 14 of the Constitution. It is necessary at this stage to set out the various Acts and regulations which were passed in regard to displaced persons dealing with

Makhan Lal Malhotra v.

Union of India

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l"'f akhan Lal Malhotra v. Union of India T<apur J.

verification of their claims and the giving of compen-sation to them.

On April 1, 1948, the East Punjab Refugees (Regi-stration of Claims) Act, 1948, East Punjab Act 8 of 1948, was passed and this was followed by the East Punjab Refugees (Registration of Land Claims) Act 12 of 1948. In the latter Act " land " was defined in

s. 2(b) to mean

"land which is not occupied as the site of any building in town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture or for pasture and includes-

(i) the sites of buildings and other structures on

such land ; ".

Under s. 2( a) " claim " was defined as

"a statement of loss or damage suffered by

refugee since the first day of March 1947, in respect of his land within the territory now comprised in the Province of (Punjab in Pakistan), North West Frontier Province, Sind or Baluchistan, or in any State adjac-ent to the aforesaid Provinces and acceding to Pakistan ".

Section 4(1) of that Act made provision for submission for registration of claims in respect of land abandoned by refugee.

On November 19, 1949, East Punjab Displaced

Persons (Land Settlement Act) 1949, East Punjab Act ::16 of 1949, was passed. By s. 2(b) of this Act the word " allot tee " was defined and by s. 2( d) " land " was defined. This definition which was slightly different from the definition in the East Punjab Act

(Act 12 of 1948) was as follows:-

S. 2(d). " "Land" means land which is not urban

land and is not occupied as the site of any building in town or village and is occupied or let for agricultural purposes or for purposes subservient to agriculture or for pasture and includes-

(i) the sites of buildings and other structures on

such land;".

On May 18, 1950, another Act, the Displaced Persons

(Claims) Act 44 of 1950, was passed by the Central Legislature. In this Act " claim " was defined in

s. 2(a) as "the assertion of right to the ownership

of, or to any interest in-

(i) ..•..••••.......••.........•.••.•...•....•.••.........••......

(ii) such class of property in any part of West

Pakistan other than in any urban area as may be notified by the Central Government in this behalf in the Official Gazette;".

This Act was in force for two years and then lapsed. Under s. 2(a)(ii) the Central Government issued notification on May 27, 1950, specifying the property in respect of which claims might . be submitted. The properties were :-

( l) Any immoveable property in West Pakistan

which forms part of the assets of an industrial under-taking and is situate in an area other than an urban area.

(2) Any other immoveable property in West

Pakistan comprising of building situated in an area, other than an urban area, the estimated cost of con~ struction of which at present prevailing rates is not less than Rs. 20,000. (3) Any agricultural land in any part of West Punjab".

This shows that claims could only.be submitted in

regard to building in rural area which was valued at not less than. Rs. 20,000 and there was no such restriction in regard to urban area. This notification was amended by notification dated September 13, 1950. Clause (2) of the previous notification was substituted by new clause:

"(2) Any other immoveable property in West

Pakistan comprising of building situated in an area other than an urban area ;

provided that where the person making the claim has been allotted any agricultural land in India-

(a) where the agricultural land so allotted exceeds

4 acres the value of the building in respect of which the claim is made shall not, according to the present estimated cost of construction, be less than Rs. 20,000. (b) where the agricultural land so allotted is 4 acres or less, the value of the building in respect of which the claim is made .. :.:all not, according to· the

Makhan Lal Malhotra v.

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present estimated cost of construction, be less than

Rs. 10,000.

Makhan 1\1 alhotra Lal · Explanation I. .................... . v. Explanation II. For the purpose of this clause Union of India person shall be deemed to have been allotted agricul-tural land in India if he is allotted such land in any Kapur ]. manner whatsoever whether on temporary or quasi. permanent basis."

On March 23, 1954, the Displaced Persons (Claims) Supplementary Act, 1954, Act 12 of 1954, was passed and s. 12 provided for the ma.king of rules. Rule 5 was ma.de in the following terms :-

Rule 5

" R. 5. The classes of property in respect of which

claims may be verified under these rules shall be the same as under the principal Act and the rules ma.de thereunder, that is to say-

(1) any immoveable property situated within an

urban area in West Pakistan;

(2) any immoveable property in West Pakistan,

which forms part of the assets of an industrial under-taking and is situated in any area other than an urban area. ;

(3) :any other immoveable property in West

Pakistan comprising of building situated in any area other than an urban area ;

Provided that where claimant has been allotted any agricultural land in India and that

(a) where the agricultural land so allotted exceeds

four acres, the value of the building in respect of which the claim is made shall not, according to the present estimated cost of construction, be less than Rs. 20,000,

(b) where the agricultural land so allotted does

not exceed four acres, the value of building in respect of which the claim is made, shall not, according to the present estimated cost of construction, be less than Rs. I 0,000."

Explanation II is in the same terms as in the notifica-

tion of September 13, 1950.

On October 9, 1954, the Displaced Persons (Com-

pensation and Rehabilitation) Act 44 of 1954 (to be hereinafter termed Act 44 of 1954) was enacted by Parliament.. Section 2(a iefines compensation pool

which is constituted under s. 14.

Section 2(e) defines

i96o Ji khan khan khan Lal ,11 al hotra hotra v. nf . ----Iu•J•ur J.

" verified claim " as follows :

Ji khan khan khan Lal " " Verified claim " means any claim registered ,11 al hotra hotra under the Displaced Persons (Claims) Act, 1950 (44 v. of 1950) in respect of which final order has been Union nf India passed under that Act or under the Displaced Persons· . ----(Claims) Supplementary Act, 1954, but does not Iu•J•ur J. include ......... ".

Section 4 provided for application for payment of compensation. Section 7 for the determination of the am6unt of compensation and s. 40 for the making of rules.

Rules were. made under this Act by notification No. S. R. 0. 1363, dated May 21, 1955. Rule 2(h) defines "urban area" and s. 2(f) "rural area" which means area which is not an urban area. Rule 16 pro-vides for the scale of compensation which is set out in appendix 8 or 9. Under r. 18 compensation was to be determined on the total value of all claims which included all kinds of properties other than agricultural land left by claimauts in West Pakistan. Rule 44 deals with allotment of acquired evacuee houses iu rural areas in lieu of compensation. Under sub-r. (3) of this rule houses in rural areas were graded and under r. 47 payment of colll:pensation was to be made subject to r. 65. Rule 57 provided for allotment of houses iu addition to agricultural land. This rule pro-vided:

H.. 57. " displaced person having verified

claim in respect of agricultural land who has settled in rural area and to whom agricultural land has been allotted house in addition to such land in accordance with the following scale-ll) Claimants allotted land np to Ten Standard acres ......... Grade (H),

(2) Claimants allotted and exceeding Ten Stan-

dard acres but not exceeding fifty standard acres .................. Grade (G)

Provided that if such person holds verified claim iii respect of any rural building and that claim has he~n 1:1ati1:1fied wholly or partially before the allotment of such land, the provisions of rule 65 shall not be

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Union of India.

J{apur J.

applicable in his case but he shall not be entitled to the allotment of house or site and building grant in lieu thereof.

Explanation I-Where no house is available in the

same village, an allottee may be granted:

(a) if he has been allotted agricultural land not

exceeding ten standard acres, site measuring 400 square yards and building grant of Rs. 400; and

(b) if he has been allotted agricultural land exceed-

ing ten standard acres but not exceeding fifty stan-dard acres site measuring 600 square yards and building grant of Rs. 600.

Explanation II-The reference to grades in this rule

is to the grades of houses specified in rule 44."

Rule 61 deals with refusal of acceptance of allotment and is as under:-

Rule 61. "Where any person refuses to accept

the allotment of any agricultural land offered to him the claim for compensation of the allottee shall be deemed to have been satisfied to the extent of the value of the allotted land and such land shall be available for allotment to any other claimant."

The impugned rule 65 provided:__:

." (1) Any person to whom more than four acres

of agricultural land have been allotted shall not be entitled to receive compensation separately in respect of his verified claim for any rural building the assess-

ed value of which is less than Rs. 20,000.

(2) Any person to whom four acres or less of

agricultural land have been allotted shall not be entitl-ed to receive compensation separately in respect of his verified claim for any rural building the assessed value of which is less than Rs. 10,000 ".

It was argued on behalf of the petitioners that the

object of the various Acts and the rules made there· under was to rehabilitate displaced persons but by the rules classification had been made which was discri-minatory as neither the classes were based on any intelligible differentia nor was there rational nexus between that differentia and the object sought to be achieved. The classification, according to the argu-ment was: (1) between urban population and rural

population; (2) between refugees from rural areas who

owned lands and those who owned only rural houses and (3) between those who ba.d quasi-permanent and permanent allotments.

In order to determine the question raised it is neces-sary to trace in chronological order the various steps taken to rehabilitate the millions of persons who were forced to migrate into India leaving behind properties worth varyingly large a.mounts. When displaced persons came from West Punjab and other provinces of India which became Pakistan, the authorities allott. ed to every agricultural family certain area. of agricul-tural land the object being (l) to give temporary shelter to the displaced persons a.nd (2) to preserve whatever crops had been left by persons who went away to Pakistan.

At an Inter-Dominion Conference between the

Governments of India and Pakistan held at Karachi between January 10 and 13, 1949, permanent Inter-Dominion Commission was set up to consider the ques-tion of administration, sale and transfer of evacuee property in both the dominions-. In pursuance of this decision the question in respect of shops and houses in rural areas was considered by the Commission at New Delhi on March 11 and 13, 1949. It wa.s recommend-ed at this meeting that buildings in rural areas of the value of Rs. 20,000 or more should be considered to be substantial buildings and the buildings which were of lesser value than that were to be treated as appen-dages of agricultural land and as such were to be treated as . " agricultural properties " : vide the minutes of that meeting 8.t p. 242 of compilation known as" Documents concerning Evacuee Property" of the years 1947-51. Chapter IX of the Land Resettle-ment Manual for Displaced Persons by Mr. Tarlok Singh, book of .undoubted authenticity and value, deals with allotment of rural houses and sites. Rule 3 shows bow the equitable distribution of houses was to be effected. In order to ensure fairness the size of the land allotment made to displaced person and the type of house abandoned by him were considered to be major factors. For each standard acre allotted

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.\l (tkhan Lal J1(tlhutra v. U11io11 of 'fndi1t J\apur .f.

one mark was to be given and subject to m<iximum of 20 marks houses abaudoned in West Punjab were valued at the rate of one mark for each one thousand of the value of the house and houses above the value of Rs. 20,000 were excluded for allotment as they were to be dealt with according to the terms of an earlier agreement between lndi>L and Pakistan. In each village aft.er their relative rights had been valu-ed, the a!lottees could choose houses according to the village list. In appendix 11 of that book is set out the summary of principles of allotment of rural ev acuoe houses. Evacuee houses of kamins (menial servants), artisans, etc. were to be given to displaced artisans and evacuee shops to evacuee shopkeepers. Itule 3 provided that temporary allotment did not create ally rights of allotment on quasi-perm<inent basis but subject to this, allottces were not to be disturbed if they are otherwise qualified for similar accommoda-tion in the villages. Elaborate rules are given in that Chapter as to how these allotments were to be made including partit.ion of houses where two or more families could be accommodated. Rule 20 is impor-tant and may be quoted :-

Rule 20. "Where necessary, evacuee abadi site:;

should be extended to suit the layouts of model villag-es. The Additional Deputy Commissioner should endeavour to persuade the allottces to surrender part of their holdings in exchange for l:tnd out of the common pool or out of areas excluded from allot-mer1t ".

Rule 21 gave effect to another Inter-Dominion agree-

ment and therefore hguses of the value of Rs. 20,000 or more which were liable to exchange or sale were excluded from allotment.

Thus according to these instructions contained in

that book every effort was made to allot houses to persons who were allotted lands and in this manner compensation was sought to be given to displaced per-sons.

Uy rule 97 made under Central Act 44 of 1954,

rehabilitation grants to allottees of agricultural land of less than 4 acres were to be given as follows:-

R. 97. "Any person who has been allotted four

acres or less of agricultural land and whose claim in respect of rural buildings left in \Vest Pal~istan has,

111 ak/titll Lal M al/<e>lra

by virtue of such allotment., been totally re1ected may

he given rehabilitation grant:

Uuion of India

Provided that-

Kapur ].

(a) he has not accepted such allotment of the

agricultural land or such allotment has been cancelled ;

(b) he does not hold veritied claim in respect of any other kind of property, that is to say, for any substantial rural building and

Provided further that whern any such person is given rehabilitation grant under rule 97 -A, he shall not be given rehabilitation grant under this rule ". H,ule 97-A provided:-.

"Any person who has been allotted two standard acres or less of agricultural land in the Stfl.te of Pun-jab or Patiala and Eu.st Punjab States Union under ~ny notification specified in Section 10 of the Act may be given rehabilitation grnnt at the rate of Hs. 450 per standard acre of the area allotted to him.

Provided that-

(a) he has not accepted such allotment of the

agricultural land or such allotment has been cancelled; (b) he does not hold vel'ified claim in respect of any other kind of property, that is to say, for any urban property or for a,ny substantial rural building". By H.ule 57 which has already been quoted, houses of all grades were allotted to persons who were allotted certain ai'eas of land and provision was made for building sites and payment of building grants where no houses were available in the villages. These rules made under Act 44 of 1954 and those set out in Land Resettlement Manual by Mr. Tarlok Singh show that every one waf:! allotted or was given building sites and money for the purpose_of houses in rural areas.The rule in regard to filing of claims for houses valued at Its. 10,000 or more where allotment of land was up to 4 acres and Rs. 20,000 or more where allot-ment of land waH in excess of 4 acres was also in pur-suance of i~n Inter-Dominion Agreement be~ween the

MaAhan Lal MalhoJra v. Union of India Kapur ].

two Governments which has received recognition in Ait. 31(5)(b)(iii). Thus it appears that rules made in regard to fixing of the value of the houses for olaim of Re. 10,000 in one case and Rs. 20,000 in the other was policy decision arising out of an agreement at meeting of the Inter-Dominion Commission with regard to evaluation of evacuee property. Rules which have been framed are only restatement of what was contained in the notifications of May 27, 1950, and September 13, 1950, which themselves were the result of· decisions arrived at the meetings of the Inter-Dominion Commission.

Under Art. 14 of the Constitution the State shall not deny to any person equality before the law or the equal protection of the laws within the territories of India. By judicial decisions the doctrine of classifi-cation has been incorporated in the equality clause, but the classification cannot be arbitrary but must be based upon differences pertinent to the subject iu res-pect of the purpose for which it is made. There must be reasonable nexus between the classification and the object sought to be achieved. The object of the impugned provisions, read with. the relevant Acts, is to rehabilitate the evacuees on an equitable basis. To implement the scheme of rehabilitation the evacuee law has classified evacuees under different categories. Broadly speaking, the main division is between per-sons who were residing in Pakistan in rural areas with agriculture as their avocation and those persons who were residing in urban areas in Pakistan. Per-sons from rural areas have been divided into two cate-gories, namely, persons who owned agricultural land with building as part of the holding and persons who held agricultural land with an independent build-ing which cannot be described as part of the holding. Separate treatment is given to rural areas and urban areas. In the rural areas, land with building is treated as one unit, but when the building is of sub-stantial value it is put in different category and separately compensated for. This classification has certainly reasonable relation to the object of rehabi-litation, for it cannot be de!lied that the three catego-ries require separate treatments for the purpose of

2 S.C.R. SUPREME COURT REPORTS

resettlement on new lands a.nd for the payment of compensation.

Makhan Lal Malhotra v.

It can:iot be seriously disputed tha.t house in rural area. and that in an urban a.rea. cannot be treat-ed alike, but the ree.l grievance of the petitioners is in respect of the distinction between houses in rural areas. As to what is substantial building has to be ascer-tained and line must be drawn somewhere. ~Here the question arises whether the ~lassification has been made arbitrarily and without any sound basis. It may perhaps appear odd to say that property worth Rs. 9,999 in one case or property worth Rs. 19,999 in another would be building of unsubstantial chara.c-ter or that the extent of the land, namely, four acres in one case and above four acres in another have a.ny releyant bearing on the substantiality of the building. This perha.ps may lend support to the plea of discri-mination but an unprecedented situation had to be faced and provision made for . the rehabilitation of such vast multitude of humanity who had been uprooted from their homes. This necessitated an equitable treatment for them all and an equal distri-bution of the available evacuee properties left in India.. In order to lighten the heavy burden under-taken an Inter-Dominion adjustment became neces-sary and the two Dominions entered into a.n agree-ment presumably based upon the relevant circums-tances in regard to the treatment of rural house pro-perty. The reasonableness of the classification must therefore be judged after ta.king these surrounding circumstances and the conditions then prevailing into consideration. The ha.sis of the classification must be judged by the fa.ct that compensation is given in every case. Rules 57 and 97-A framed under Act 44 of 1954 afford reasonable justification for the classifi-cation.

Union of India Kapur J.

Under the Rules every displaced person who has

settled in rural area is allotted house in addition to such land ; if no house is available in the same village the allottee is given site e.nd a. building graut. But where his claim for house is rejected he is given

Makhan Lal Malhotra v. Union of India Kapur ].

rehabilitation grant. But under the impugned pro. visions separate compensation is given for rural house of value above prescribed limit. It will, there-fore, be seen that the classification is not arbitrary but is based upon sound principles and on equitable considerations. distinction between rural house which is part of holding and one which is not part of holding but an independent unit is made and different principles of rehabilitation are applied to meet different situations. The hardship which the division into two categories must cause is diluted by providing to the claimant falling on the wrong side of the line rural house or rehabilitation grant. The attack on the ground of want of intelligible differentia must fail. Appendix XI of Land Resettle-ment Manual by Mr. Tarlok Singh illustrates the prin-ciples of allotment of rural evacuee houses and the elaborate system of ,marking which was done in order to either give houses to a1lottees of land or to give them building sites with subsidy to build houses and finally in r. 97 and r. 97-A of the .rules made under Act 44 of 1954 detailed provisions were made for rehabilitation grants including grants to those allot-tees of agricultural land whose claim for rural proper-ty had been rejected or who had refused to take land allotted to them. Similarly r. 57 which has been quoted above shows that provision bas been made for giving sites as well as subsidy for building houses. It cannot be said therefore that the rules suffer from any infirmity on the ground of discrimination. In the result this petition fails and is dismissed with costs of.

Petition dismissed.