BAWA HARIGIR vs ASSISTANT CUSTODIAN, EVACUEE PROPERTY, BHOPAL.

The Supreme Court upheld the constitutionality of Sections 2(d) and 40(4)(a) of the Administration of Evacuee Property Act, 1950, ruling that these provisions do not violate Article 31(2) of the Constitution. The Court clarified that Article 31(5)(b)(iii) extends protection to laws empowering authorities to declare property as evacuee property, thus validating the Custodian's authority to reject applications for confirmation of sale based on good faith. The petitioner's claim that his property was taken without lawful authority was dismissed, affirming the Custodian's judicial-like powers in such determinations.