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1975 Supreme(SC) 476

A.N.RAY, M.H.BEG, P.N.SHINGHAL, R.S.SARKARIA
Mohd. Fiasuddin Khan – Appellant
Versus
Government Of India – Respondent


Advocates:
GIRISH CHANDRA, K.RAJENDRA CHAUDHARY, KRISHANAN LYER, L.N.Sinha

JUDGMENT

P. N. SINGHAL, J.:— This appeal by certificate is directed against the judgment of the High Court of Andhra Pradesh dated July 19, 1968. It is not in dispute that appellant Mohd. Fiasuddin Khan is a citizen of India, and was declared an evacuee by an order of the Deputy Custodian of Evacuee Property, Hyderabad, dated September 18, 1951. His property, consisting of a building and 350 acres of land, was declared to be evacuee property. The Custodian of Evacuee Property issued a notice to the appellant on April 5, 1961 calling upon him to surrender possession of the property. That was followed by a notification dated January 20, 1962, 362 of the Central Government under Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, hereinafter referred to as the Act, by which that Government acquired all properties which had been declared to be evacuee properties, for a purpose connected with the relief and rehabilitation of displaced persons, including payment of compensation. The appellant, challenged the aforesaid notification as unconstitutional and applied for a writ of certiorari on a proper construction of Sections 12 and 15 of the Act. In its impugne











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