Case Note & Summary
The petitioner, Chandru Mirchandani, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direction to the respondents to allot a plot of land under the provisions of the Displaced Persons (Rehabilitation and Compensation) Act, 1954. The prayer was for allotment of land equivalent to the area that had been allotted to the petitioner's father in 1969 from the compensation pool of evacuee properties available with the Custodian. The petitioner's father, Kishinchand P. Mirchandani, had left lands in Pakistan at the time of partition and had become entitled to allotment under the Act. His claim was verified at Rs. 21,878/-, equivalent to 91-12½ Local Acres. He was subsequently allotted land bearing Survey No.100, admeasuring about 32.26 Local Acres at Village Khandala, Taluka Bhokardan, District Jalna, by an allotment order dated 10 March 1968. The petitioner’s father expired on 21 December 1972. The petitioner, claiming as legal heir, contended that his father was entitled to receive 48.8 units of land valued at approximately Rs.21,780/- in lieu of compensation. The court issued rule returnable forthwith, and with consent of parties, the matter was heard finally. The judgment was reserved on 3 April 2025 and pronounced on 9 May 2025.
Issue of Consideration
Whether the petitioner is entitled to allotment of land equivalent to the area allotted to his father under the Displaced Persons (Rehabilitation and Compensation) Act, 1954
Law Points
- Entitlement to allotment of land under Displaced Persons (Rehabilitation and Compensation) Act
- 1954
- compensation pool of evacuee properties
- legal heirship of displaced person
Case Details
2025 LawText (BOM) (05) 11
Writ Petition No. 11331 of 2024
G. S. Kulkarni, Advait M. Sethna
Shriram S. Kulkarni, Prajnal M. Khatavkar, Sujay S. Palshikar, Gaurav Ugale, Monish Vig, Swapnil Mhatre; A. I. Patel, Manish M. Pabale
1. The Settlement Commissioner For Compensation pool Property Cum Custodian Of Evacuee Property, 2. Principal Secretary, Urban Development department, Mantralaya, Mumbai 400 001, 3. The Tahsildar, Village Khandala, Taluka Bhokardan, District Jalna, 4. Managing Director & Vice-Chairman, CIDCO Bhavan, CBD Belapur, Navi Mumbai, 5. State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking direction for allotment of land under the Displaced Persons Act.
Remedy Sought
Petitioner sought direction to respondents to allot land/plot under the Displaced Persons Act equivalent to the area of land allotted to petitioner's father in 1969 from the compensation pool of evacuee properties.
Filing Reason
Petitioner claimed entitlement as legal heir of a displaced person who was previously allotted land, and sought equivalent allotment from the compensation pool.
Issues
Whether the petitioner, as legal heir, is entitled to allotment of land under the Displaced Persons (Rehabilitation and Compensation) Act, 1954 equivalent to the area allotted to his father.
Judgment Excerpts
Rule returnable forthwith. By consent of the parties, heard finally.
The only prayer as made in this petition filed under Article 226 of the Constitution of India is that the respondents be directed to allot land / plot to the petitioner under the provisions of the Displaced Persons (Rehabilitation and Compensation) Act, 1954
Procedural History
The petition was filed under Article 226 of the Constitution of India. Rule was issued and made returnable forthwith. By consent of the parties, the matter was heard finally. Judgment reserved on 3 April 2025 and pronounced on 9 May 2025.
Acts & Sections
- Constitution of India: Article 226
- Displaced Persons (Rehabilitation and Compensation) Act, 1954:
