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january 1980

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.

HARISH CHANDRA NIGAM vs STATE OF U.F. · Niyam