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Supreme Court of India 2021-07-13 dismissed

Ismailbhai I. Kansara (D) through Lr vs State of Gujarat & Ors

Bench: 2 — Hemant Gupta

In Brief

An unauthorised encroacher occupying evacuee property in Gujarat since 1976 challenged his eviction order issued in 1992 under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. The Supreme Court dismissed the appeal, holding that evacuee land forms part of a compensation pool reserved exclusively for displaced persons. The Court held that encroachers have no right to regularization or allotment of such property, which takes priority over all other claims. Non-displaced persons can only be allotted such land after all displaced persons are settled. The eviction order was valid as the appellant received show cause notice and lacked any substantive legal right to the property."

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Evacuee Property Displaced Persons Eviction Encroachment Rehabilitation Land Rights

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