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1957 Supreme(SC) 104

S. K. DAS, S. R. DASS, T. L. VENKATARAMA AYYAR, VIVIAN BOSE, A. K. SARKAR
Bombay Salt And Chemical Industries – Appellant
Versus
L. J. Johnson – Respondent


Advocates:
C.K.DAFTARY, C.M.MEHTA, G.GOPALAKRISHNAN, Gopal Singh, K.L.Hathi, PURSHOTTAM TRIKAMDAS, R.H.Dhebar

Judgment

A. K. SARKAR, J. : This appeal by special leave granted by this Court under Art. 136 of the Constitution is from an order passed on 20-4-1956, by the Chief Settlement Commissioner appointed under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. It is principally concerned with that Act.

2. The appellants are a firm of which the partners are displaced persons within the meaning of the Act. There are certain salt pans in Wadala, Bombay, known as Salamati Salt Factory. The salt pans were evacuee property and formed part of the compensation pool constituted under the Act. On 7-11-1950, a lease of the salt pans was granted to the appellants for a period of three years. This lease was renewed from time to time, and on 2-12-1955,it was renewed for a period ending on 13-2-1956. On 23-12-1955, the Regional Settlement Commissioner, an officer appointed under the Act, who is respondent No. 3 in this appeal, advertised that the salt pans should be sold by public auction on 6-1-1956. The appellants moved the High Court at Bombay under Art. 226 of the Constitution challenging the validity of the proposed sale on the ground that the value of the property did not exceed.






























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