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Issues: (i) Whether the forfeiture order could stand when the land stood in the name of the appellant's wife and no notice had been issued to her; (ii) Whether the Competent Authority could lawfully bifurcate the dwelling house into land and superstructure and forfeit only the constructed portion.
Issue (i): Whether the forfeiture order could stand when the land stood in the name of the appellant's wife and no notice had been issued to her.
Analysis: The proceedings were founded on the premise that the dwelling house belonged to the appellant, but the record disclosed a sale deed in favour of the wife, which had not been properly considered. Since the property was treated as belonging to the appellant without notice to the person in whose name the land stood, the factual basis of the forfeiture required fresh examination.
Conclusion: The forfeiture order could not be sustained on that basis and required reconsideration.
Issue (ii): Whether the Competent Authority could lawfully bifurcate the dwelling house into land and superstructure and forfeit only the constructed portion.
Analysis: The house, comprising land and construction, constituted one unit for the purpose of forfeiture. Splitting it into separate components was found to be erroneous and impractical, and the resulting order was incapable of effective execution.
Conclusion: The bifurcation was impermissible and the forfeiture order could not stand.
Final Conclusion: The appeal succeeded, the forfeiture order was set aside, and the matter was sent back for fresh decision in accordance with the observations made.
Ratio Decidendi: A dwelling house that is treated as the subject of forfeiture must be dealt with as a single unit, and an order that splits ownership or forfeits only a severed component without proper notice and executable basis is unsustainable.
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