MOHINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a Writ Petition by Mohinder Singh under Article 226 of the Constitution challenging certain proceedings under the Displaced Persons (Compensation and Rehabilitation) Act culminating in an order of Mr Sarup Singh, Managing Officer dated the 17th of April, 1957.

(2.) The petitioner is a displaced person who in October, 1947 entered into occupation of a part of land described as No. XVI/62/31, Rohtak Road, Karol Bagh, New Delhi-5. In August, 1949 half of this plot which was evacuee property was taken over from him by the Custodian but this occupation of the remaining half measuring 661 Sq. Yds was confirmed on the 3rd of September, 1949, the rent being fixed at Rs. 16/2/- per mensem.

(3.) It seems that early in 1954 the Custodian's Department began proceedings against the petitioner for the cancellation of his allotment, but these efforts had not been successful up to the time when, on the 11th of June, 1955, a Notification was issued under section 12 of Act No. 44 of 1954 vesting all evacuee property in the State of Delhi in the Central Government. Thereafter the proceedings were again started against the petitioner who was served with a notice dated 28th of October, 1955 under section 19 of the Act of 1954 read with Rule 102 of the Rules framed thereunder. In this notice Mohinder Singh was called upon to show cause why his allotment should not be cancelled to the extent of the portion marked A, B, C, D, in the enclosed plan on the ground that it was to be allotted to an eye hospital and that it was surplus to Mohinder Singh's legitimate requirements. Apparently some defect was found in this notice and a fresh notice dated 6th November, 1955 was then served on him which is practically in the same terms.