Eventually the Municipal Committee filed a Civil Suit in 1958 against the Union of India for a declaration that the said shops were their own property and number evacuee property.
An appeal was taken to, the Letters Patent Bench but this was dismissed in limine.
Two appeals have been filed against this judgment, one by the Union of India and its officers who are interested only in the question of the vires of the section, and the other by Lachhmandas and others to whom the shops in dispute have been transferred.
This is the memorandum that has been quashed by the High Court.
1969 3 SCR 645 With Civil Appeal No.
Appeals from the order dated May 3, 1967 of the Punjab and Haryana High Court in Letters Patent Appeal No.
It was pointed out by the Municipal Committee in reply that it was incorrect that all the five shops had been transferred and that the assessment price was Rs.
The Judgment was delivered by Sikri, J. The Municipal Committee, Jalalabad, respondent before us in these appeals filed an application under Arts.
In the memorandum it was further stated It is number, therefore, expedient or practicable to restore the above property to you and it has, therefore, been decided to transfer you any other immovable property in the companypensation pool of the equal amount in lieu thereof under section 20B of the D.Ps.
The memorandum also listed some properties which were available for transfer to the Municipal Committee.
226 and 227 of the Constitution praying that S. 20 B of the Displaced Persons Compensation and Rehabilitation Act, 1954 hereinafter referred to as the Compensation Act be declared ultra vires the Constitution and that the memorandum dated March 14, 1963, companymunicated by the District Rent and Managing Officer, Jalalabad, be quashed.
The above proposal was number acceptable Lo the Municipal Committee.
Ultimately, the Trial Court, by order dated January 8, 1962, made a reference to the Custodian General for determining the question whether the shops in dispute were evacuee property or number.
The learned Single Judge, following an earlier judgment of the Punjab and Haryana High Court in Kirpal Singh v. The Central Government I.L.R. 1967 2 P. H. 574 , held that s. 20B of the Compensation Act was ultra vires, and quashed the impugned order dated March 14, 1963, and directed the restoration of the property in dispute to the Municipal Committee.
37 of 1967.
1569 of 1968 CIVIL APPELLATE JURISDICTION .
C Act, 1954.
The Municipal Committee protested and lengthy companyrespondence ensued between the Municipal Committee and the Custodian.
The relevant facts may be stated shortly.
The Nawab of Mamdot became an evacuee in 1947 on the partition of the companyntry and his property was taken over by the Custodian as evacuee property.
In 1949, the District Rent and Managing Officer treated five shops, situated in Chowk Kalan, Jalalabad, as belonging to the Nawab of Mamdot and began to recover the rent of the shops from the tenants.
