Supreme Court of India · 2009-05-01
ROY ESTATE vs STATE OF JHARKHAND .
- Citation / case number
- SC 2008/268
- Court
- Supreme Court of India
- Petitioner
- ROY ESTATE
- Respondent
- STATE OF JHARKHAND .
- Author
- HARJIT SINGH BEDI
Judgment text excerpt
The Supreme Court addressed the legality of the requisition of property under the Defence of India Rules and the Requisitioning and Acquisitioning of Immovable Property Act, 1952. It held that the Central Government's authority to retain requisitioned property is limited to 17 years as per Section 6(1-A) of the Act, and any transfer of such property without the owner's consent is invalid. The Court ruled that the eviction suit filed by the owner was maintainable despite the previous dismissal for non-prosecution, emphasizing the need for adherence to statutory provisions regarding property requisition.