CHANDER PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) A short question arises in this appeal. The appellant herein filed a writ petition claiming some relief under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. The learned Single Judge held that the writ petition does not survive since the said Act had been repealed on 5.9.2005 and there is no saving clause in the repealing Act.

(2.) SHRI I.D. Bali, learned Senior Counsel appearing for the appellants submits that the learned Single Judge has not taken into consideration Section 6 of the General Clauses Act, 1897 , and has also not taken into consideration the earlier judgment dated 17.11.2006 delivered by the then Chief Justice of this Court in CMPMO No. 148 of 2006.

(3.) A bare reading of the provisions of Section 6 clearly shows that if an Act, especially a Central Act is repealed, and the repealing Act does not contain any specific provision to the contrary, then the repealing shall not in terms of Clause (e) of Section 6 affect any legal proceeding or remedy in respect of any such right, privilege available under the Act and further provides that such legal proceedings may be instituted continued and enforced as if the repealing Act had not been passed.