MOHINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a Writ Petition by Mohinder Singh, under Article 22G of the Constitution challenging certain proceedings under the Displaced Persons (Compensation and Rehabilitation) Act 1954, culminating in an order of Mr. Sarup Singh, Managing Officer dated 17-4-1957.

(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 his occupation of the remaining half measuring 661 Sq. Yds, was confirmed on 3-9-1949, 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 11-6-1955, 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 28-10-1955, 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 he 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 6-11-1955 was then served on him which is practically in the same terms.