Case Note & Summary
The dispute arose from the cancellation of rural land allotments made to displaced persons from Pakistan under the Administration of Evacuee Property Act, 1950. Respondents 4 to 9 were initially allotted land in village Karodian but later received urban allotments based on claims from Pakistan. Their rural allotments were subsequently cancelled, and the land was allotted to the appellants. Following an amendment to Rule 14(6) on July 22, 1952, the Custodian's power to cancel quasi-permanent allotments was restricted. Respondents 4 to 9 sought to revert to their original allotments, but the Custodian dismissed their application, leading to a revision application that was allowed by the Custodian General, who cancelled the appellants' allotment. The appellants challenged this decision in the High Court, which upheld the Custodian General's order. The Supreme Court, however, found that the Custodian General had no power to cancel the allotment made after the amendment, as the rules limited such powers. The court emphasized that the Custodian General could not exercise powers that the Custodian was prohibited from exercising. Consequently, the Supreme Court allowed the appeal, quashing the orders of the High Court and the Deputy Custodian General.
Headnote
A) Evacuee Property Law - Cancellation of Allotment - Custodian General's Power - Administration of Evacuee Property Act, 1950, Sections 26, 27 - The Custodian General lacked the authority to cancel allotments made on a quasi-permanent basis after the amendment of Rule 14(6) on July 22, 1952, which restricted such cancellations to specific circumstances. The court held that the powers of the Custodian General were limited by the rules, and he could not exercise powers that the Custodian was prohibited from exercising (Paras 1-2).
Issue of Consideration
Whether the Custodian General has the power to cancel an allotment of rural evacuee property on a quasi-permanent basis after July 22, 1952.
Final Decision
The Supreme Court allowed the appeal, quashing the orders of the High Court and the Deputy Custodian General, ruling that the Custodian General had no power to cancel the allotment made on a quasi-permanent basis after July 22, 1952.
Law Points
- Evacuee Property
- quasi-permanent allotment
- cancellation of allotment
- powers of Custodian General
- Administration of Evacuee Property Act
- 1950
