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march 1964

Supreme Court of India · 1964-03-10

SHRI MITHOO SHAHANI AND ORS. vs UNION OF INDIA AND ORS.

Citation / case number
SC 1960/206
Court
Supreme Court of India
Petitioner
SHRI MITHOO SHAHANI AND ORS.
Respondent
UNION OF INDIA AND ORS.
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, the Central Government's order to set aside the allotment of land to the appellants was valid as it rectified an error regarding rehabilitation grants. The Court established that a Sanad can only be issued based on a valid order of allotment, and if that order is set aside, the Sanad cannot subsist. Consequently, the appeal was dismissed, affirming the Central Government's decision to uphold the respondents' original allotment.

SHRI MITHOO SHAHANI AND ORS. vs UNION OF INDIA AND ORS. · Niyam