SADHU SINGH (DECEASED) & ORS. versus UNION OF INDIA & ORS.

SADHU SINGH (DECEASED) & ORS. versus UNION OF INDIA & ORS.

Permanent proprietary allotment under the statutory scheme confers enforceable rights. Such allotments cannot be cancelled or reallotted to others without following due procedure and providing reasonable opportunity of hearing to the original allottee. The impugned orders allocating previously allotted land to others without such procedure are illegal and unsustainable.

Parties
Appellants: Sadhu Singh (Deceased) & Ors.; Respondents: Union of India & Ors.; Advocate for Respondent No. 1: K. L. Narula; Advocate for Respondent No. 14: E. C. Agarwala
Jurisdiction
India
Judgment Date
02 September 1978
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 25 9 67 of the Punjab and Haryana High Court in Civil Writ No. 1630/62
Outcome
Appeal disposed of with modification
Legal Topics
Allotment Cancellation, Displaced Persons Rehabilitation, Right to Hearing, Jurisdiction of Managing Officer, Compensation
Property Law Constitutional Law Allotment Cancellation Displaced Persons Rehabilitation Right to Hearing Jurisdiction of Managing Officer Compensation

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Parties

Sadhu Singh (Deceased) & Ors.

Appellants

Union of India & Ors.

Respondents

K. L. Narula

Advocate for Respondent No. 1

E. C. Agarwala

Advocate for Respondent No. 14

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 25 9 67 of the Punjab and Haryana High Court in Civil Writ No. 1630/62

Legal Issues

  1. 1 Whether the respondent acquired an enforceable right as a result of the allotment made in his favour and delivery of possession.
  2. 2 Whether parcels of land already allotted to the respondent could be allotted to others without notice and opportunity to be heard.

Ratio Decidendi

Permanent proprietary allotment under the statutory scheme confers enforceable rights. Such allotments cannot be cancelled or reallotted to others without following due procedure and providing reasonable opportunity of hearing to the original allottee. The impugned orders allocating previously allotted land to others without such procedure are illegal and unsustainable.

Court Disposition

Appeal disposed of with modification

Orders

  • Rectangle No. 134 (kila Nos. 8min, 9min, 10min, 11, 12, 13min, 18min, 19min, 20, 21min, 22min) to be retained by appellants; Rectangle No. 133 (kila Nos. 4min, 5min, 6min, 7min, 14min, 15, 16, 17min, 24, 25) to be given to respondent.
  • Respondent at liberty to approach settlement authorities for suitable alternate land if entitled.