Supreme Court of India · 1959-11-13
THE OKARA ELECTRIC SUPPLY CO. LTD., AND ANOTHER vs THE STATE OF PUNJAB AND ANOTHER
- Citation / case number
- SC 1959/57
- Court
- Supreme Court of India
- Petitioner
- THE OKARA ELECTRIC SUPPLY CO. LTD., AND ANOTHER
- Respondent
- THE STATE OF PUNJAB AND ANOTHER
- Author
- SINHA, BHUVNESHWAR P.(),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,GUPTA, K.C. DAS,SHAHC.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,GUPTA, K.C. DAS,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that Clause 11 of the notification issued under Section 28(1) of the Indian Electricity Act, 1910, which allowed the State Government to acquire the undertaking of a non-licensee on payment of compensation, was intra vires. The Court reasoned that the provision for compulsory acquisition was implicit in the temporary nature of the sanction granted. Furthermore, the Court found that Section 28 did not violate Articles 19(1)(f) or 31 of the Constitution, as it constituted reasonable restrictions in the public interest and was saved by existing law provisions.