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december 1953

Supreme Court of India · 1953-12-18

DUNICHAND HAKIM AND OTHERS vs DEPUTY COMMISSIONER (DEPUTY CUSTODIAN EVACUEE PROPERTY

Citation / case number
SC 1953/1468
Court
Supreme Court of India
Petitioner
DUNICHAND HAKIM AND OTHERS
Respondent
DEPUTY COMMISSIONER (DEPUTY CUSTODIAN EVACUEE PROPERTY
Bench
SASTRI, M. PATANJALI (CJ),DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM,JAGANNADHADAS, B.

Judgment text excerpt

The Supreme Court ruled that the Deputy Custodian of Evacuee Property has the authority to cancel land allotments under both the East Punjab Evacuees’ (Administration of Property) Act, 1947 and the Administration of Evacuee Property Act, 1950, specifically citing Sections 2(a), 12(1), and 56(2). The Court held that while notice for cancellation was not provided as per the rules under Section 56, the petitioners were nonetheless given adequate opportunity to present their case before the cancellation of their allotments. The petition under Article 32 was dismissed, affirming the validity of the cancellation orders.

DUNICHAND HAKIM AND OTHERS vs DEPUTY COMMISSIONER (DEPUTY CUSTODIAN EVACUEE PROPERTY · Niyam