DR. ZAFAR ALI SHAH AND OTHERS vs THE ASSISTANT CUSTODIAN OF EVACUEE PROPERTY, JHANSI AN

The Supreme Court ruled that the declaration of two houses as evacuee properties under Section 7 of the Administration of Evacuee Property Act, 1950, was invalid as no notice had been served to the petitioners, who were entitled to shares in the properties. The Court emphasized that the petitioners' rights were not extinguished by the notification under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, as they had never been declared evacuees. Consequently, the Court held that the petitioners were wrongfully deprived of their property rights and allowed the writ petition under Article 32 of the Constitution of India.