AIR 1977 SUPREME COURT 361 ::1977 (1) SCC 231 ::1977 U J (SC) 35 ::1977 (1) KantLJ 123 ::1977 2 SCR 165 ::ILR 1977 1 Kant 332

Supreme Court Of India

(From : (1968) 13 Law Rep 608 (Mys))

Hon'ble Judge(s): H. R. Khanna, V. R. Krishna Iyer , JJ

(A) City of Bangalore Improvement Act (5 of 1945) , S.16(2)— Requirement of service of notice - Burden of proof as to non-compliance - Land Revenue Register, what is. The burden lies on the person who alleges non-service of notice, to prove that his name appears in the Land Revenue Register at the material point of time. The land Revenue Register to which S. 16 (2) refers is no other than the register of lands the Khetwar Patrak and not the Khatta which is a mere tentative compilation of information transmitted to the Revenue Department by the Inams Abolition Department. @page-SC362 (B) City of Bangalore Improvement Act (5 of 1945) , S.15(3)— City of Bangalore improvement Rules, R. 10 - Allotment of site to displaced person - This is only a beneficent consideration, not a necessary obligation - Section 15 (3) does not create a right in displaced person to claim a plot. (Para 6) (In the instant case, the Court, however, directed the State of consider the claim of appellant if he applied within 3 months and subject to his eligibility for allotment and other criteria for comparative evaluation of claims prescribed by the Rules). .....