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Supreme Court of India 2021-07-13 dismissed

ISMAIL BHAI I. KANSARA (D) THROUGH LR vs STATE OF GUJARAT & ORS

Bench: 2 — Sanjay Kishan Kaul, Hemant Gupta

In Brief

The appellant, an encroacher operating an auto garage on evacuee land since 1976, challenged an eviction order issued under the Displaced Person (Compensation and Rehabilitation) Act, 1954. The Supreme Court dismissed the appeal, holding that evacuee land is part of a compensation pool reserved exclusively for displaced persons and cannot be regularized for encroachers while displaced persons remain unsettled. The Court affirmed that the eviction order was valid and legally issued after notice. The Court clarified that although government policies addressed encroacher regularization on evacuee land, such allotment is beyond the Act's scheme and cannot take precedence over displaced persons' claims.">

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Displaced Persons Evacuee Property Land Law Constitutional Law Administrative Law Eviction

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