Supreme Court of India · 1953-12-11
THE STATE OF WEST BENGAL vs MRS. BELA BANERJEE AND OTHERS
- Citation / case number
- SC 1952/37
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF WEST BENGAL
- Respondent
- MRS. BELA BANERJEE AND OTHERS
- Bench
- SASTRI, M. PATANJALI (CJ),MAHAJAN, MEHR CHAND,DAS, SUDHI RANJAN,HASAN, GHULAM,JAGANNADHADAS, B.
Judgment text excerpt
The Supreme Court ruled that provisions of Section 8 of the West Bengal Land Development and Planning Act, 1948, which declare the government's determination of public purpose as conclusive and limit compensation to the market value as of December 31, 1946, are ultra vires the Constitution and void. The Court emphasized that Article 31(2) requires an objective establishment of public purpose and that compensation must reflect the current market value at the time of acquisition. The Act's failure to comply with these constitutional requirements renders it invalid.