CHECK LIST FOR LAND ALLOTMENT CASES TO DISPLACED PERSONS

The displaced persons from Pakistan were allotted lands in lieu of land left by them in Pakistan. Most of the work was over in 1950s. But even at present there are number of cases under DPCR Act pending with the revenue authorities at various levels. There is no end to the claims being filed under the Act. Cases of fraudulent claims have come to the notice of the department. At some places there are organized gangs of land grabbers engaged in the work of filing bogus claims and getting the land allotted in connivance with the rev4enue staff. The revenue officers therefore have to be very vigilant. Important orders passed by FCR and other officers under the Act have been compiled in a book. The modus operandi and the techniques adopted by these persons have been prominently highlighted in these orders. For the convenience of Revenue Officers the important check points which should be kept in view while deciding cases of land allotment are summarized in the following paragraphs.

For the Managing Officer ( Headquarters )

• Why was the claim not filed before 31/12/1963, the time limit stipulated under Rule 67 A of the DPCR Rules? What prevented the displaced person from filing the claim in time ? Is there any justification for the delay ?
• Has the application been filed by the displaced person himself or his successor in interest? Has the applicant proved his relationship with the displaced person ? Is the pedigree table attested ? Did the displaced person die during the partition ?
• Is the applicant relying on the 1-D register in which the details of the land allotments made were given and which was not updated after 1965 or so ? Has the applicant given any other proof that he didn’t file claim earlier ?
• Is the displaced person dead ? Is his death supported by a death certificate issued by the competent authority ?
• Was any claim filed earlier? Was any land allotted to the displaced person? What was the outcome of the application? Was the allotment cancelled? Has a copy of the certified order of cancellation been produced? Was this order final or some appeal etc is pending?
• Where was land allotted to the relations of the applicant? Where did the family of the displaced person settle after migration?
• Is the application filed by the displaced person/his successor in interest himself or their general power of attorney(GPA)? Is the person executing GPA alive? If not then the GPA is rendered infructous. Does the attorney know the whereabouts of the displaced person/his successor in interest? Can he produce them?

For Director Land Records

• Is the land record received from Pakistan kept in safe custody?
• Why is the applicant seeking a copy of Jamabandi received from Pakistan? Does he have any locus standi to obtain a copy?
• Can a copy of copy of Jamabandi been given?

For Tehsildars/Settlement Commissioners/Chief Settlement Commissioners

• Is the claimant a displaced person/his successor in interest or their attorney? Can the GPA produce the displaced person / his successor in interest? Does he know about their whereabouts?
• Is the revenue record quite clear or has it been tempered with and interpolated?
• Was the claim verified in haste? Was the allotment made in haste? Was Goshwara allotment reverified from the MO ( Headquarters)?
• Is the land allotted rural or suburban/urban? Has urban/suburban land allotted in contravention of Rule 67A of the DPCR Rules?
• Is the land allotted agricultural i.e. land recorded as Barani/Chahi/Nehri/Banjar? Or ghairmumkin land has been allotted for which there is no provision?
• Is the land allotted recorded in the ownership of the rehabilitation department? Is it evacuee land? Doesn’t it belong to provincial government etc?
• Was possession delivered to the allottees?
• Are the parties claiming to be bonafide vendees? Did they take adequate steps to verify the ownership of the vendors? Are they related to the vendors? Do the vendees exist or they are ghost parties? Did they play an active part in getting the land allotted?
• Is the applicant a lessee or sublessee sine 1/1/1956? Is he in continuous possession since then? Is he a displaced person? Can he be proved a displaced person? Is his name recorded in the lease register? Why did he not apply for transfer in time?