COMPETENT AUTHORITY & ADMINISTRATOR Vs. MANILAL JALAL

JUDGEMENT

(1.) These two appeals being directed against the same judgement and order dated 23.09.2009 passed by the learned Judge in W.P. No. 229 of 2003 were taken up for hearing analogously.

(2.) In the writ petition, the petitioner had challenged the order dated 11th December, 2002 passed by the Appellate Tribunal under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter referred to as SAFEMA) affirming the order dated 18th February, 1999 passed by the Competent Authority under SAFEMA, declaring that the properties and assets of late Sarbani Devi Jalan (mother of the writ petitioner) as described in the notice under Section 6(1) of SAFEMA, including property lying and situated at 10, Digambar Jain Temple Road, Kolkata 700 007 (hereinafter referred to as the said house at Calcutta) are illegally acquired properties and forfeited to the Central Government free from all encumbrances.

(3.) At the outset, Mr. Roy, learned senior counsel appearing for the respondents in A.P.O. No. 107 of 2013 submitted that the said appeal preferred on behalf of the Union of India had abated due to non-substitution of the legal heirs of respondent no. 1/writ petitioner, Manilal Jalan, since deceased. He relied on State of Gujarat Vs. Sayed Mohd. Bakir El Edross, 1981 AIR(SC) 1921 in support of his submission.