SHRI MITHOO SHAHANI AND ORS. versus UNION OF INDIA AND ORS.

SHRI MITHOO SHAHANI AND ORS. versus UNION OF INDIA AND ORS.

The Central Government's order under s.33 concerning the allotment and sanads was valid, as it rectified an error relating to a rehabilitation grant; if an order of allotment is set aside, the sanad issued thereupon cannot survive.

Parties
Appellants and Petitioners: Shri Mithoo Shahani and Ors.; Respondents: Union of India and Ors.; Respondents: Respondents Nos. 3 to 7
Jurisdiction
India
Judgment Date
10 March 1964
Procedural Posture
Civil Appeal and Writ Petition / Appeal by Special Leave and Petition Under Article 32
Outcome
Dismissed
Legal Topics
Compensation and Rehabilitation of Displaced Persons, Validity of Sanad After Allotment Set Aside
Evacuee Property Constitutional Law Compensation and Rehabilitation of Displaced Persons Validity of Sanad After Allotment Set Aside

Case Brief

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Parties

Shri Mithoo Shahani and Ors.

Appellants and Petitioners

Union of India and Ors.

Respondents

Respondents Nos. 3 to 7

Respondents

Procedural Posture

Civil Appeal and Writ Petition / Appeal by Special Leave and Petition Under Article 32

Legal Issues

  1. 1 Whether the Central Government had power under Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 to revise the order of Regional Settlement Commissioner passed before the Act came into force
  2. 2 Whether the Sanad issued to appellants could subsist when the allotment was set aside
  3. 3 Whether materials existed to justify setting aside the allotment

Ratio Decidendi

The Central Government's order under s.33 concerning the allotment and sanads was valid, as it rectified an error relating to a rehabilitation grant; if an order of allotment is set aside, the sanad issued thereupon cannot survive.

Court Disposition

Dismissed

Orders

  • Appeal dismissed with costs.
  • Writ petition dismissed; no order as to costs.