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august 1960

Supreme Court of India · 1960-08-08

BABU BARKYA THAKUR vs THE STATE OF BOMBAY AND OTHERS.

Citation / case number
SC 1959/6
Court
Supreme Court of India
Petitioner
BABU BARKYA THAKUR
Respondent
THE STATE OF BOMBAY AND OTHERS.
Author
SINHA, BHUVNESHWAR P.(),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAHC.
Bench
SINHA, BHUVNESHWAR P.(CJ),IMAM, SYED JAFFER,SARKAR, A.K.,WANCHOO, K.N.,SHAH, J.C.

Judgment text excerpt

The Supreme Court held that a notification under Section 4 of the Land Acquisition Act, 1894, does not need to explicitly state that the land is required for a public purpose, as long as the government is satisfied through a report under Section 5A or an inquiry under Section 40. The Court clarified that the definitions of 'company' and 'public purpose' in Section 3 are broad enough to encompass acquisitions for companies that benefit the community. The petition challenging the legality of the notification was dismissed as premature, affirming that Article 31(5)(a) protects such acquisitions even if they are for a company.

BABU BARKYA THAKUR vs THE STATE OF BOMBAY AND OTHERS. · Niyam