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MAKHAN LAL MALHOTRA AND OTHERS v. THE UNION OF INDIA

Supreme Court of India | Diary 22/1958

Status

Judgment

Decided On

1960-10-27

Bench

SINHA BHUVNESHWAR P.(CJ),KAPUR J.L.,GAJENDRAGADKAR P.B.,SUBBARAO K.,WANCHOO K.N.

Petitioner

MAKHAN LAL MALHOTRA AND OTHERS

Respondent

THE UNION OF INDIA

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Full Judgment Text

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 9

PETITIONER: MAKHAN LAL MALHOTRA AND OTHERS

Vs.

RESPONDENT: THE UNION OF INDIA

DATE OF JUDGMENT: 27/10/1960

BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. SINHA, BHUVNESHWAR P.(CJ) GAJENDRAGADKAR, P.B. SUBBARAO, K. WANCHOO, K.N.

CITATION: 1961 AIR 392 1961 SCR (2) 120 CITATOR INFO : R 1963 SC 181 (6) D 1978 SC 747 (32) R 1978 SC 771 (65)

ACT: Evacuee Property-Rural building-Claim for compensation- Classification-Validity of rules-Displaced Persons (Claims) Supplementary Act, 1954 (12 of 1954), r. 5-Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954), r. 65 Constitution of India, Arts. 14, 31(5)(b)(iii).

HEADNOTE: The petitioners who were displaced persons from West Pakistan put forward certain claims in regard to village houses which they had left there, but which were rejected by the Rehabilitation authorities. The claims were for amounts above Rs. 20,000 in the case of some of the petitioners and above Rs. 10,000 in the case of the others. By r. 5 framed under the Displaced Persons (Claims) Supplementary Act, 1954, claims could be verified provided, inter alia, that where a claimant had been allotted any agricultural land in India and such land so allotted exceeded four acres, the value of the building in respect of which the claim was made shall not be less than Rs. 20,000 and where it did not exceed ...

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