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.