Supreme Court of India · 1980-01-21
HARISH CHANDRA NIGAM vs STATE OF U.F.
- Citation / case number
- SC 1970/60101
- Court
- Supreme Court of India
- Petitioner
- HARISH CHANDRA NIGAM
- Respondent
- STATE OF U.F.
- Bench
- UNTWALIA, N.L.
Judgment text excerpt
The Supreme Court held that under Section 29 of the Defence of India Act, 1962, requisition orders must be addressed to the person in possession, and upon derequisition under Section 35(1), possession should be restored to that person. The Court clarified that an inquiry into facts prior to requisition is unnecessary for releasing property, as the focus is on the person from whom possession was taken. The Court allowed the appeal of the appellants, stating that they should have been restored possession of the plots requisitioned from them.