Case Note & Summary
The Supreme Court addressed a petition filed by twenty displaced persons from Pakistan under Article 32 of the Constitution, challenging the cancellation of their allotment of evacuee property by the Deputy Custodian. The petitioners claimed that they were deprived of their fundamental right to property as per Article 19(1)(f) of the Constitution. They had been allotted agricultural land in East Punjab after migrating post-partition, but their allotments were cancelled on July 1, 1952, and subsequently re-allotted to others. The petitioners contended that the cancellation was made without notice and was thus invalid. The court examined the jurisdiction of the Deputy Custodian under the relevant Acts and found that the petitioners had been given notice and an opportunity to be heard prior to the cancellation. The court noted that the petitioners had conceded that their lands in Pakistan were of a lower grade than those they were allotted. The court concluded that the Deputy Custodian acted within his jurisdiction and that the cancellation of the allotment was valid, dismissing the petition with costs to the first respondent.
Headnote
A) Evacuee Property Law - Cancellation of Allotment - Jurisdiction of Deputy Custodian - Administration of Evacuee Property Act, 1950, Sections 2(a), 12(1), 56(2) - The Deputy Custodian has jurisdiction to cancel allotments under both the East Punjab Act and the Administration of Evacuee Property Act. The petitioners were given notice and an opportunity to present their case before the cancellation of their allotments, thus the cancellation was valid. Held that the orders were within jurisdiction (Paras 1-2).
Issue of Consideration
Whether the Deputy Custodian had jurisdiction to cancel the allotment of land without providing notice to the petitioners.
Final Decision
The Supreme Court dismissed the petition, holding that the Deputy Custodian acted within jurisdiction and that the cancellation of the allotment was valid. Costs were awarded to the first respondent.
Law Points
- jurisdiction of Deputy Custodian
- cancellation of allotment
- notice requirement
- fundamental rights
- evacuee property management
