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december 1953

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.

THE STATE OF WEST BENGAL vs MRS. BELA BANERJEE AND OTHERS · Niyam