Delhi High Court seeks Central government response in suit for damages in relation to property forfeited during 1975 National Emergency

In a suit seeking damages in relation to a property that was forfeited during the 1975 Emergency, the Delhi High Court today sought a reply from the Central Government.

A Single-Judge Bench of Justice Manoj Kumar Ohri issued a summon in the suit.

In December 2020, the plaintiffs appealed to the Supreme Court to declare the emergency unconstitutional.

The suit concerns their property at Kasturba Gandhi Marg, which was taken over by the authorities of the Central Government.

The plaintiffs stated that the property was admittedly rented out to the Government of India from time to time before the show cause notice was given.

It is told that the proceedings under the Smugglers Act were set aside by the High Court as nullity after a series of litigation was fought by the plaintiffs and their mother, and the authorities formally closed the proceedings in 2016.

Now the plaintiffs filed the suit regarding the compensation and the Central Government must be held liable to pay Rs. 2,20,70,954 as damages in the form of loss of market rent and mesne income for the period from 1999-2020 since the order of preventive detention has been withdrawn and the order of forfeiture has also been ruled nullity.

The matter will be taken up on 26 February by the Joint Registrar with a view to completing the pleadings. The matter will be heard by the Court on 26 April.

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