Section 22. Service of notices and orders
Any notice or order issued or made under this Act shall be served--
(a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent;
(b) if the notice or order cannot be served in the manner provided in clause (a), by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made, or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain.
Judgements applying section 22
Original owners challenged the Appellate Tribunal's dismissal of their delayed appeals against forfeiture of their property under SAFEMA, citing non-service and lack of knowledge.
DismissedOpenMs. Shobha Grover V/s The Competent Authority, Mumbai
657/2011 Page 1 of 9 THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 27.09.2012 + LPA 656/2011 & CM 15077/2011 AMINA BI KASKAR DECD THR LRS ... Appellant versus UNION OF INDIA & ORS ... Respondent AND + LPA 657/2011 & CM 15079
657/2011 Page 1 of 9 THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 27.09.2012 + LPA 656/2011 & CM 15077/2011 AMINA BI KASKAR DECD THR LRS ... Appellant versus UNION OF INDIA & ORS ... Respondent AND + LPA 657/2011 & CM 15079
The High Court held that 'issue' in Section 11 of SAFEMA means 'service'. Since the notice of forfeiture under Section 6 was served after the petitioner purchased the property, the sale deed was valid and the proceeding for forfeiture of the sold property was quashed.
Writ Petition (Civil)OpenCOURT OF JUDICATURE AT MADRAS DATED : 04.03.2010 CORAM THE HONOURABLE
DismissedOpen