9911796707
|
Home
Issues involved:
The validity of a notice issued under section 7 of the Administration of Evacuee Property Act, 1950 and the subsequent proceedings based on it. Summary: The appeal arose from a notice issued under section 7 of the Administration of Evacuee Property Act, 1950, leading to a declaration of the appellant as an evacuee. The notice was challenged in a writ petition before the High Court, which was dismissed. The notice lacked specific grounds and failed to comply with Rule 6 of the Administration of Evacuee Property (Central) Rules, 1950. The declaration of the appellant as an evacuee under multiple clauses of section 2(d) was found to be invalid as it exceeded the scope of the notice. The proceedings were initiated without proper evidence or basis, rendering them invalid. The High Court's order dismissing the writ petition was overturned by the Supreme Court, quashing the notice and all subsequent proceedings. The Court emphasized the importance of a valid notice under section 7 and the necessity for compliance with Rule 6 in such matters. The lack of specific grounds in the notice and the initiation of proceedings without proper evidence were highlighted as key reasons for declaring the proceedings invalid. The appeal was allowed, and no costs were awarded as the respondents did not contest the appeal.
|
