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Supreme Court of India 2019-04-12 allowed

GURDEV SINGH vs UNION OF INDIA

Bench: 2 — L. Nageswara Rao, M.R. Shah

In Brief

A displaced person from Pakistan (Hem Singh) was allotted property in 1985 for Rs. 26 lakhs but disputed the valuation. The Settlement Commissioner dismissed his appeal on the ground that the offer had lapsed due to non-acceptance within 30 days. The High Court's single judge allowed a writ petition and directed sale at the 1985 price plus 10% interest. The Division Bench reversed this. The Supreme Court allowed the appeal, holding that the displaced person's entitlement cannot be defeated on procedural grounds. The Court directed transfer on payment of Rs. 3.86 crore (adjusted for prior deposits), reflecting a reasonable balance between the original offer and current value, recognizing both the allottee's entitlement and the property's appreciation over time."

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Constitutional Law Property Rights Displaced Persons Land Valuation Equity and Justice Administrative Law

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