Supreme Court of India · 1960-08-29
THE STATE OF WEST BENGAL AND OTHERS vs NABA KUMAR SEAL.
- Citation / case number
- SC 1955/6
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF WEST BENGAL AND OTHERS
- Respondent
- NABA KUMAR SEAL.
- Author
- SINHA, BHUVNESHWAR P.(),KAPURL.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
Judgment text excerpt
The Supreme Court held that Section 7 of the West Bengal Development and Planning Act, 1948, allows the State Government to proceed with land acquisition without a development scheme in cases of urgency, thus negating the necessity of preparing a scheme as per Section 5. The Court found no violation of fundamental rights under Articles 14, 19(1)(f), and 31(2) of the Constitution, affirming that the High Court erred in mandating the preparation of a development scheme post-acquisition. The appeal by the State of West Bengal was allowed, reversing the High Court's decision.