TASNEMUL HAQ Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Consitution of India seeking directions against the respondents, Union of India and the Commissioner of the Department of Rehabilitation, for allotment of land and for mesne profits. The factual dispute is limited.

(2.) The Administration of Evacuees Property Act, 1950 (hereinafter referred to as the said Act) was enacted for providing administration of evacuee property and certain matters connected therewith. On the Partition taking place in 1947, there was large migration of population. Properties were left behind in India by persons who migrated to Pakistan. The said Act was enacted to deal with the properties of such persons who had so migrated to Pakistan which properties were declared as evacuee properties.

(3.) The petitioner was a Government employee and continued to remain in India though his brother and sister migrated to Pakistan. The custodian of the evacuee property under the said Act inadvertantly declared the petitioner also an evacuee along with his brother and sister and, thus, the total properties held by them was declared as evacuee properties. The petitioner aggrieved by the same, filed a representation before the Custodian General for restoration of his share in the properties. Section 16 of the said Act contains the power for the Central Government to restore such properties.