Supreme Court of India · 1961-08-09
PARESH CHANDRA CHATTERJEE vs THE STATE OF ASSAM AND ANOTHER
- Citation / case number
- SC 1960/182
- Court
- Supreme Court of India
- Petitioner
- PARESH CHANDRA CHATTERJEE
- Respondent
- THE STATE OF ASSAM AND ANOTHER
- Author
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAHC.,DAYAL, RAGHUBAR
- Bench
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,HIDAYATULLAH, M.,SHAH, J.C.,DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court upheld the constitutionality of the Assam Land (Requisition and Acquisition) Act, 1948, ruling that it was not ultra vires the State Legislature as it pertained to public interest requisitioning of land, distinct from the tea industry which is governed by the Tea Act, 1953. The Court clarified that the Act complied with Article 31(2) of the Constitution by providing for compensation mechanisms, including references to the Land Acquisition Act, 1894 for compensation determination. The petitions challenging the Act were dismissed, affirming its validity and applicability.