| Case ID |
05c69b58-41d7-45b4-bc9f-0cc916341dc9 |
| Body |
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| Case Number |
Civil Writ Petition No. 30 of 1956 |
| Decision Date |
Jan 24, 1962 |
| Hearing Date |
|
| Decision |
The Supreme Court of India ruled that the evacuee property in the villages allotted to the appellants ceased to be classified as evacuee property following the notification dated March 24, 1955, under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. The court emphasized that any variation or cancellation of the allotment could only be executed under the provisions of section 19 of the Act. The court found that the Central Government had exceeded its authority by attempting to act under Rule 14(6)(iii)(d) of the Administration of Evacuee Property Act, 1950, after the property had already transitioned to the compensation pool. The appellants' right to their land was upheld, affirming that no further actions could be taken under the previous laws once the notification had been issued. The appellants were awarded costs. |
| Summary |
This case revolves around the legal complexities surrounding the allotment of evacuee property to individuals who migrated from West Pakistan to India during the partition. The appellants, who were given land allotments in two villages, contested a decision that sought to reduce their allotment based on a reclassification of the land. The Supreme Court's decision clarified the legal framework governing evacuee property and emphasized the importance of adhering to established laws and notifications. The ruling reinforced the rights of displaced persons and the necessity for government actions to be grounded in legal authority. This case is significant in understanding property rights, government authority, and the rehabilitation of displaced persons in India. It highlights the intersection of constitutional law and property rights, making it a relevant reference in similar legal disputes. Keywords such as 'evacuee property', 'displaced persons', 'property rights', and 'government authority' are crucial for SEO optimization, ensuring that this case remains a point of reference in legal discussions. |
| Court |
Supreme Court of India
|
| Entities Involved |
Not available
|
| Judges |
WANCHOO, K.N.,
GAJENDRAGADKAR, P.B.
|
| Lawyers |
R. S. Narula,
B. K. Khanna,
P. D. Menon,
S. L. Pandhi
|
| Petitioners |
Basant Ram
|
| Respondents |
Union Of India
|
| Citations |
1962 SLD 456,
1962 AIR 994,
1962 SCR 733
|
| Other Citations |
Balmukand v. The State of Punjab, I.L.R. 1957 Punjab 712,
Major Gopal Singh v. Custodian of Evacuee Property, A.I.R. 1961 S.C. 1320
|
| Laws Involved |
Constitution of Pakistan, 1973,
Administration of Evacuee Property Act, 1950,
Displaced Persons (Compensation and Rehabilitation) Act, 1954
|
| Sections |
226,
12,
14,
16,
19
|