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january 1983

Supreme Court of India · 1983-01-18

HAJI SIDDIK HAJI UMAR & OTHERS vs UNION OF INDIA

Citation / case number
SC 1970/60356
Court
Supreme Court of India
Petitioner
HAJI SIDDIK HAJI UMAR & OTHERS
Respondent
UNION OF INDIA
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court examined the legality of the declaration of Haji Umar Kasam as an evacuee under the Junagadh State Evacuee (Administration of Property) Act, 1948, and subsequent actions taken by the Custodian. The Court held that the failure to issue notice or conduct an inquiry before declaring him an evacuee violated principles of natural justice. The Court ruled that the orders of the Custodian and Custodian General were illegal, thereby restoring the properties to Haji Umar Kasam's heirs under the provisions of the Central Ordinance and the Displaced Persons (Compensation and Rehabilitation) Act, 1954.

HAJI SIDDIK HAJI UMAR & OTHERS vs UNION OF INDIA · Niyam