Supreme Court of India · 1961-05-04
STATE OF PUNJAB vs SURAJ PARKASH KAPUR, ETC.
- Citation / case number
- SC 1959/203
- Court
- Supreme Court of India
- Petitioner
- STATE OF PUNJAB
- Respondent
- SURAJ PARKASH KAPUR, ETC.
- Author
- KAPURL.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAHC.,DAYAL, RAGHUBAR
- Bench
- KAPUR, J.L.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAH, J.C.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that the notification issued by the Central Government under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, did not extinguish the respondents' rights in the lands allotted to them by the Custodian of Evacuee Property. The Court established that the respondents held a quasi-permanent tenure in the lands, which became a full-fledged right upon the issuance of the sanad. The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, did not authorize the Consolidation Officer to substitute lands of lesser value without compensation, leading to the High Court's decision to set aside the scheme being upheld.