Supreme Court of India · 1962-04-04
TRUST MAI LACHMI SIALKOTI BRADRI vs THE CHAIRMAN, AMRITSAR IMPPOVEMENTTRUST
- Citation / case number
- SC 1961/77
- Court
- Supreme Court of India
- Petitioner
- TRUST MAI LACHMI SIALKOTI BRADRI
- Respondent
- THE CHAIRMAN, AMRITSAR IMPPOVEMENTTRUST
- Bench
- SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that the Amritsar Improvement Trust's scheme for property acquisition under the Punjab Development and Damaged Areas Act, 1951 was without jurisdiction as the area in question was not declared a 'damaged area' under Section 2(d) of the Act. The Court clarified that a prior notification under the Punjab Damaged Areas Act, 1947 could not be deemed sufficient to validate the scheme. Consequently, the proceedings for acquisition were deemed illegal, and the appellant was not barred from challenging the scheme under Section 5(4) of the Act due to a complete lack of jurisdiction.