Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1954 Displaced Persons (Compensation and Rehabilitation) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Displaced Persons (compensation and Rehabilitation) Act, 1954 (44 of 1954) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 Referred Case 28 Referred Case 29 Referred Case 30 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Displaced Persons (Compensation and Rehabilitation) Act, 1954: s. 12 - Property notified u/s. 7 of the Evacuee Property Act - Subsequently issuance of Notification u/s. 12 - Acquisition of evacuee property for rehabilitation of displaced persons - Effect of - Held: Notification issued u/s . . 7 of the Evacuee Property Act declaring the property to be evacuee property was valid in law - In view of the Notification issued by the Central Government u/s. 12, the property vested in the Central Government - Thus, the property lost the status of evacuee property - Administration of Evacuee Property Act, 1950- s. 7.s. 24 - Power of revision of Chief Settlement Commissioner under - Scope of - Held: Chief Settlement Commissioner can revise the order if in his opinion the orders passed by the officers named in the Section are either illegal or improper - On facts, the Chief Settlement Commissioner invoked his revisional powers at the request of the allottees/displaced persons to revise the proceedings and the order passed by the Collector-cum-Deputy Custodian under the provisions of the Evacuee Property Act- Therefore, the orders passed by the Chief Settlement Commissioner is without jurisdiction and non-est in law - Administration of Evacuee Property Act, 1950.Constitution of India, 1950: Article 226 - Belated writ petition challenging the Notification issued under the Evacuee Property Act, declaring certain properties as evacuee property - Maintainability of - Held: High Court ought not to have entertained and granted relief to the writ petitioners since there was inordinate and unexplained delay in approaching the court/authorities at every stage for redressal of their grievance - They claimed wrong reliefs/incomplete reliefs before the Authorities - They questioned the correctness of the said Notification by way of filing an amendment application - Also in the earlier writ petition challenging the Notification, the finding regarding delay and failure to avail alternate remedy had attained finality - More so, during the period of delay, interest accrued in favour of the third party - Delay/laches.Article 226 - Writ petition filed by original owner of land challenging the Notification issued u/s. 7 of the Evacuee Property Act declaring certain properties as evacuee properties - Petition dismissed by the High Court since the claim was highly belated and there was a failure to avail the alternate remedy provided under the Act - Said order attaining finality - Subsequently writ petition filed re-agitating the said issue which had attained finality and the Division Bench of the High Court entertained the same - Held: The judgement and order of the High Court having attained finality was binding on the authorities under the Evacuee Property Act - Division Bench of the High Court could not have F permitted the writ petitioners to re-agitate the correctness or otherwise of the Notification issued uls. 7 of the Evacuee Property Act in the subsequent writ petition - A subsequent writ petition was not maintainable in respect of an issue concluded between the parties in the earlier writ petition - Administration of Evacuee Property Act, 1950. Articles 226 and 227 - High Court while entertaining writ petition filed under Article 226 and 227 wherein the proceedings uls. 7 of the Evacuee Property Act was questioned, going into disputed questions of facts - Maintainability of - Held: Writ petition is maintainable - Under the Evacuee Property Act, there is specific bar for the civil court to adjudicate on the issue whether certain property is or is not evacuee property - This issue can be decided only by the custodian under the Act - Any person aggrieved by the findings of the custodian can avail the other remedied provided under the Act - Thus, the finding and the conclusion reached by the Authorities under the Act in an appropriate case can be questioned in a petition filed under Article 226 Administration of Evacuee Property Act, 1950. Res judicata - Principles of constructive res judicata - Applicability of - When ground open to be raised was not raised in the earlier writ petition whereas in a subsequent writ petition, the High Court permitted the petitioners to raise the said ground - Justification of- Held: Not justified - The same is hit by the principles analogous to constructive res judicata- Doctrines/Principles. |
Judge | Honble Mr. Justice H.L. Dattu |
Neutral Citation | 2011 INSC 359 |
Petitioner | Shankara Co-op Housing Society Ltd. |
Respondent | M. Prabhakar & Ors. |
SCR | [2011] 7 S.C.R. 468 |
Judgement Date | 2011-05-05 |
Case Number | 4099 |
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