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1972 Supreme(SC) 376

H.R.KHANNA, K.S.HEGDE, P.JAGANMOHAN REDDY
Hukam Chand: Prithvi Chand – Appellant
Versus
Union Of India – Respondent


Judgment

KHANNA J.:- This Judgment would dispose of four appeals Nos. 1031, 1094 and 1095 of 1967 and 177 of 1968 which are directed against the judgments of the Punjab High Court. Appeals Nos. 1094 of 1967, 1095 of 1967 and 177 of 1968 have been filed on certificate of fitness granted by the High Court, while appeal No. 1031 of 1967 has been filed by special leave. The common question which arises for determination in these four appeals is whether in exercise of the powers conferred by section 40 of the Displaced Persons (Compensation and Rehabilitation), Act, 1954 (Act 44 of 1954) (hereinafter referred to as the Act), the Central Government could amend R. 49 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955 (hereinafter referred to as the rules) with retrospective effect.

2. Arguments have been addressed in appeal No. 177 of 1968 and it is stated that the decision in that appeal would govern the other appeals also.

3. Prithvi Chand appellant in appeal No. 177 of 1968 is a displaced person from West Pakistan. He filed a petition under article 226 of the Constitution in the High Court on the allegation that he was the owner of agricultural land and buildings in W




























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