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october 1979

Supreme Court of India · 1979-10-22

ABDUL QADIR vs MANAGING OFFICER CUM ASSTT. CUSTODIAN OF EVACUEE PROPERTY,J

Citation / case number
SC 1969/60171
Court
Supreme Court of India
Petitioner
ABDUL QADIR
Respondent
MANAGING OFFICER CUM ASSTT. CUSTODIAN OF EVACUEE PROPERTY,J
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that under Section 20A(1) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, the Central Government has the discretion to provide compensation instead of restoring evacuee property, even if a restoration certificate was issued under Section 16 of the Evacuee Property Act, 1950. The Court affirmed the High Court's decision that the certificate issued on October 27, 1956, was invalid as it was based on the old law. The appeal was dismissed, upholding the Central Government's decision to compensate the appellant rather than restore the property.

ABDUL QADIR vs MANAGING OFFICER CUM ASSTT. CUSTODIAN OF EVACUEE PROPERTY,J · Niyam