promotion of public health or the prevention of danger to life or property, or (iii) in pursuance of any agreement entered into between the Government ... otherwise, with respect to property declared by law to be evacuee property. (6) Any law of the State enacted not more than eighteen months before
Property under Section 7 of the Administration
of Evacuee Property Act declaring certain properties as
evacuee properties. The notification was made on
11.12.1952. The petitioner ... evacuee property and becomes the property
of the Central Government, depends on the factor that the property is
notified as evacuee property after following
properties which are under the control of the
managing officers or managing corporations and not to
properties which have ceased to be evacuee properties.
Furthermore ... properties which are
under .the control of the managing officers or managing
corporations. They do not apply to properties which have
ceased to be evacuee
Property Act, 1950
8. Vesting of evacuee property in the Custodians.-
(1) Any property declared to be evacuee property under section 7 shall be deemed ... this Act, any property in a State had vested as evacuee property in any person exercising that powers of Custodian under any law repealed hereby
disputed property. He further directed the deletion of the property
from the register of the properties of the Evacuee Property Department
as a consequence ... defines the Evacuee Property is as :-
"evacuee property" means any property in which an evacuee
has any right or interest (whether personally
However, this transaction was cancelled by
the Collector and Custodian of Evacuee Property on 17.4.1949 as per Section
8(i) of the Evacuee Properties ... these lands were accordingly entered
as Evacuee Property by the Tahsildar, Maval on 26.10.1949. It appears that
these survey numbers were also given
Untwalia
PETITIONER:
NASIR AHEMED
Vs.
RESPONDENT:
ASSISTANT CUSTODIAN GENERAL, EVACUEE PROPERTY U.P., LUCKNOWA
DATE OF JUDGMENT28/03/1980
BENCH:
GUPTA, A.C.
BENCH ... Property (Central) Rules
1950 the Custodian had to be satisfied from information in
his possession or otherwise that the property was prima
facie evacuee property
Manager for evacuee shops appointed by Deputy Custodian of
Evacuee Property Deputy Custodian whether can cancel
appointment subsequently.
HEADNOTE:
The appellant was appointed Manager ... evacuee shops
which vested in the Custodian of Evacuee Property. The
appointment was made in 1952 under s. 10(2) (b) of the
Administration
Section 46 in Administration of Evacuee Property Act, 1950
46. Jurisdiction of civil courts barred in certain matters.
- Save as other wise expressly provided ... upon any question whether any property or any right to or interest in any property is or is not evacuee property, or (b) to entertain
Displaced Persons (Compensation and Rehabilitation) Act, 1954
12. Power to acquire evacuee property for rehabilitation of displaced persons—
(1) If the Central Government ... section (1), the right, title and interest of any evacuee in the evacuee property specified in the notification shall, on and from the beginning
