DILSHER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in the present writ petition is to the order dated May 08, 2008, Annexure P-4, whereby competent authority under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (for short "SAFEM (FOP) Act"), has directed the State of Punjab to take over possession of forfeited properties of the offenders under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "COFEPOSA Act") and SAFEM (FOP) Act.

(2.) THE petitioners or their predecessors-in-interest have purchased land through separate sale deeds from Amolak Singh, Raghbir Singh sons of Mehain Singh; Gurmej Kaur w/o Mehain Singh, Narinder Kaur d/o Mehain Singh and Inderbir Kaur d/o Kashmir Singh, all heirs of Mehain Singh. Mehain Singh died in the year 1981. The sales were completed between June 04, 2001 to December 18, 2001. The petitioners have averred that they have purchased the land in good faith and after ascertaining the ownership of their vendors and their power to transfer the same to the petitioners. As per revenue record, the land was free from encumbrances. Even mutations were duly entered and sanctioned on behalf of the vendors and the office of Sub Registrar does not reflect any charge/lien/encumbrances over the said property. Thus, the petitioners have acted in a diligent manner and carried out the enquiry like an ordinary prudent man before purchasing the said land vide registered sale deeds.

(3.) IT is alleged by the respondents that Mehain Singh was detained under COFEPOSA Act vide order dated 19.12.1974 and proceedings under SAFEM (FOP) Act regarding forfeiture of the property were initiated on 04.11.1977 and order of forfeiture was passed on 29.03.1996 after the constitutional validity of SAFEM (FOP) Act was upheld by the Supreme Court. The appeal before the learned Appellate Tribunal ( Forfeiture of Property ) was dismissed on 20.11.1996. An order was issued under section 19(1) of SAFEM (FOP) Act to hand over the properties to the District Magistrate. It has been pointed out that Amolak Singh and Gurmej Kaur challenged the order passed under SAFEM (FOP) Act before the Delhi High Court in CWP Nos. 316 and 323 of 1997 respectively. Initially, Delhi High Court stayed dispossession from the property vide order dated 27.01.1997 but the writ petition was dismissed on 28.04.2003. Even review application was dismissed on 24.09.2003. It has been pointed out that the property in issue has been sold by the legal heirs of late Mehain Singh during the pendency of legal proceedings and hence the transfer is null and void. Thus, the sale in favour of the petitioners or their predecessors-in-interest after the order of forfeiture is null and void and does not confer any title in favour of the petitioners.