Supreme Court · 2021 INSC 331 · Decided 13 July 2021

Ismailbhai I. Kansara (D) Through LR v. State of Gujarat & ORS.

Court
Supreme Court of India
Citation
2021 INSC 331 · [2021] 8 S.C.R. 39
Case number
CIVIL APPEAL No. 2851/2015
Decided
13 July 2021
Bench
SANJAY KISHAN KAUL, HEMANT GUPTA (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Displaced Person (Compensation and Rehabilitation) Act, 1954: ss. 19(2)(b), 20 - Power to vary or cancel leases or allotment of any property acquired - Appellant-encroacher on evacuee property served with eviction notice u/s. 19(2)(b) - Writ petition by the appellant, challenging by the High Court holding that it is an evacuee property, thus, the appellant has no right over it and is not entitled to claim regularization of his possession - Upheld by the Division Bench - On appeal, held: Encroacher does not have any right of regularization of an evacuee land

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