Case Note & Summary
The case involved two appeals concerning the requisition of plots under the Defence of India Act, 1962. The appellants, Harish Chandra Nigam and Amar Singh, were initially allotted plots for industrial purposes in 1956, but their allotments were later cancelled in 1962. Before any eviction could occur, the District Magistrate requisitioned the plots for defense purposes. The appeals arose after the District Magistrate derequisitioned the plots, specifying the Director of Industries as the recipient of possession, which led to the appellants challenging this decision in the High Court. The High Court dismissed their writ petitions, prompting the current appeals. The core legal issue was whether the plots should be returned to the appellants or to the State. The court analyzed the provisions of sections 29 and 35 of the Defence of India Act, concluding that the inquiry under section 35(1) should focus on events post-requisition, not on prior ownership. The court determined that the property should have been released to the appellants, as they were the original possessors, but ultimately issued a conditional order allowing possession to Nigam while dismissing Singh's appeal due to the allotment to a third party. The court directed that possession of plot no. 60 be delivered to Nigam within six months, subject to the Government's right to reclaim it (Paras 814-816).
Headnote
A) Property Law - Requisition and Derequisition - Proper Procedure for Derequisition - Defence of India Act, 1962, Sections 29, 35 - The inquiry under section 35(1) is only necessary if subsequent events necessitate it; otherwise, the property should be released to the person from whom it was requisitioned. The court held that the property should have been released to the appellants, as they were the original possessors at the time of requisition, despite the lack of final allotment (Paras 814-815).
Issue of Consideration
Whether the property requisitioned under the Defence of India Act should be released to the original possessors or to the State.
Final Decision
The Supreme Court allowed Civil Appeal No. 559 of 1970, directing possession of plot no. 60 to be delivered to Nigam within six months, subject to the Government's right to reclaim it. Civil Appeal No. 560 of 1970 was dismissed as possession had been allotted to a third party.
Law Points
- Requisition of property
- Derequisition of property
- Defence of India Act interpretation
- Possession rights
- Inquiry under Defence of India Act
