I M LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 226 of the Constitution of India, for grant of appropriate writ, directions to the Union of India for transfer of two-third of the premises known as4. Flagstaff Road,CivilLines, Delhi, to the petitioner, who is a displaced person from West Pakistan by sale, under the provisions of Displaced Persons (Compensation and Rehabilitation) Act, 1954 and the Rules made thereunder. The petitioner has also prayed for cancellation of the restoration orders in favour of Shri A.A.Rushdie on the ground that he is not a citizen of India and he has played a fraud on the Central Government by representing that he is an Indian National.

(2.) The petitioner has averred in the petition that he is a displaced person from West Pakistan,whose father migrated to India along with other family members in the year 1947 in the wake of the partition of India. The father of the petitioner, occupied the premises, 4, Flagstaff Road,Civil Lines, Delhi,( hereinafter referred to as'the impugned property') in January, 1948, when the said property was allotted to him by the Custodian of Evacuee Property, Delhi.

(3.) The impugned property belonged to Shri A.A. Rushdie son of Mohd.Din, who <PG>252</PG> was said to have migrated to Pakistan. The property was declared as evacuee property through a notification dated May 17, 1948,announced in the official Gazette of Ministry of Relief and Rehabilitation, office of the Custodian of Evacuee Property, Government of India. The relevant part of the said Notification reads as follows: